IN THE
TENTH COURT OF APPEALS
No. 10-14-00102-CV
EX PARTE N.C.
From the 12th District Court
Walker County, Texas
Trial Court No. 26744
ORDER
Appellant’s attorney filed a motion to withdraw and an Anders brief in support of
that motion. Counsel stated when the items were filed that copies were also sent to
appellant. Asserting he had not received them, appellant requested a copy of the motion
to withdraw and brief. In the same document, appellant also requested an additional 30
days to file his response.
Although formatted as a letter, the document dated June 30, 2017 which we
received from appellant is actually a motion, and all motions must be served on all parties
to the appeal and contain proper proof of service. See TEX. R. APP. P. 9.5.1 It was not
1
Even if it was simply a letter, the rules require a copy to be sent to all parties. See TEX. R. APP. P. 6.3.
served and did not contain proper proof of service.
Appellant has been warned of the consequences of failing to comply with this
requirement before and, with regard to other documents filed since the warning, has
complied with it.
Accordingly, appellant’s motion is denied.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied
Order issued and filed July 19, 2017
Ex parte N.C. Page 2