Opinion issued November 1, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01–12–00410–CV
IN THE INTEREST OF J.W., a child
On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause No. 2009-05447J
MEMORANDUM OPINION
Appellant filed a notice of appeal containing two trial court cause numbers:
2009-05444J and 2009-05447J. Because each trial court cause number must be
assigned a separate appellate court number, these appeals were docketed as two
separate appeals, 01-11-01067-CV and 01-12-00410-CV, respectively. However,
the clerk’s record indicates that appellant was adjudicated in 2009-05444J, now
appeal number 01-11-01067-CV, and that the trial court granted the State’s motion
to nonsuit the cause underlying this appeal, 2009-05447J.
Appellant filed a brief in appeal number 01-11-01067-CV, but no brief was
filed in this appeal. The brief was due in this appeal on August 29, 2012. On
September 14, 2012, appellant was notified that this appeal of the cause that had
been nonsuited was subject to dismissal for failure to timely file a brief. See TEX.
FAM. CODE ANN. § 56.01(b) (West Supp. 2012) (requirements governing a juvenile
appeal are as in civil cases generally); TEX. R. APP. P. 38.6(a) (governing time to file
brief), 38.8(a) (governing failure of appellant to file brief). After being notified that
this appeal was subject to dismissal, appellant did not respond. See TEX. R. APP. P.
42.3(b) (allowing involuntary dismissal of case).
We dismiss the appeal for want of prosecution for failure to timely file a brief.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
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