In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00290-CV
___________________________
IN THE INTEREST OF A.M. AND M.M., CHILDREN
On Appeal from the 360th District Court
Tarrant County, Texas
Trial Court No. 360-596726-16
Before Sudderth, C.J.; Kerr and Pittman, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
On September 14, 2018, Appellant B.M. (Father) filed a notice of his intent to
appeal the trial court’s termination of his parental rights to A.M. and M.M. Prior to
the termination of his parental rights, Father was convicted of continuing sexual abuse
of A.M., and he is currently incarcerated. By letter dated October 1, 2018, and
addressed to Father’s address at the Clements Unit in Amarillo (as listed in his notice
of appeal), we notified Father that he had not paid the filing fee required by appellate
procedure rule 5. Tex. R. App. P. 5. We cautioned that if the fee was not paid by
October 11, 2018, we would dismiss the case. Tex. R. App. P. 42.3(c).
The October 1 letter was returned to this court with a notation that Father had
been transferred from the Clements Unit pursuant to a bench warrant; this court
subsequently determined that Father was being held in the Tarrant County Jail. The
notice was forwarded to Father at the Tarrant County Jail on October 15, 2018. As of
today’s date, Father has not paid the filing fee.
We therefore dismiss this appeal. Tex. R. App. P. 42.3(c).1
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Delivered: November 21, 2018
1
On October 22, 2018, Father filed a “Request for Deadline Extension” in
which he asserted that he had not received notice of the trial court’s judgment and
therefore was entitled to an extension of any appellate deadlines running from the
date of the signing of the judgment. See Tex. R. App. P. 4.2. Father is mistaken, as he
attached the judgment to the notice of appeal that he filed on September 14, 2018.
We therefore deny his request for a rule 4.2 extension.
2