In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00229-CV
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IN THE INTEREST OF A.L.D. AND H.C.D.
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On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 15-02-01193-CV
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MEMORANDUM OPINION
On December 30, 2019, we notified the parties that the record had been filed
and that the brief of the appellant was due January 29, 2020. On January 30, 2020,
we notified the parties that the appellant’s motion for extension of time to file a brief
was granted in part and that the appellant’s brief was due February 28, 2020. On
March 2, 2020, we notified the parties that the appellant’s brief was past due and
warned that if the brief and a motion for extension of time were not filed by March
12, 2020, the case would be submitted to the Court on the record alone. The Clerk
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also notified the parties that submission without briefs could result in dismissal of
the appeal for want of prosecution. On March 13, 2020, we notified the parties that
the appeal would be submitted to the Court on the record alone on April 3, 2020.
A dismissal for want of prosecution is appropriate when the appellant fails to
timely file a brief. See Tex. R. App. P. 38.8(a)(1). The Clerk has provided notice to
the appellant that the appeal could be dismissed for want of prosecution for failure
to comply with the Court’s direction. Appellant has failed to comply with the Court’s
instruction to prosecute the appeal. Accordingly, the appeal is dismissed for want of
prosecution. See Tex. R. App. P. 42.3.
APPEAL DISMISSED.
PER CURIAM
Submitted on April 3, 2020
Opinion Delivered April 16, 2020
Before McKeithen, C.J., Kreger and Horton, JJ.
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