in the Interest of H.L.H. and A.H., Children ( 2016 )


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  •                                       IN THE
    TENTH COURT OF APPEALS
    No. 10-16-00254-CV
    IN THE INTEREST OF H.L.H. AND A.H., CHILDREN
    From the 413th District Court
    Johnson County, Texas
    Trial Court No. DC-D201500336
    ORDER
    C.M.W. and M.K.H. each filed a first amended notice of appeal challenging the
    trial court’s July 27, 2016 “Final Order of Termination” in trial court cause number DC-
    D201500336.1 Kimberly Gore also filed her notice of appeal challenging the trial court’s
    July 5, 2016 order denying her original verified petition in intervention in trial court cause
    number DC-D201500336. The notices of appeal were assigned a single appellate cause
    1C.M.W.’s and M.K.H.’s original notices of appeal challenged an order that was indisputably interlocutory;
    therefore, their appeal was dismissed for want of jurisdiction. In re H.L.H., No. 10-16-00111-CV, 
    2016 WL 3224798
    , at *1 (Tex. App.—Waco Jun. 9, 2016, no pet.) (mem. op.).
    number—10-16-00254-CV. See TEX. R. APP. P. 12.2(c) (“All notices of appeal filed in the
    same case must be given the same docket number.”).
    On September 13, 2016, this Court received the appellant’s briefs for C.M.W. and
    M.K.H. However, no brief has been filed for Gore. Accordingly, in a letter dated
    September 22, 2016, the Clerk of this Court notified Gore that, under Texas Rules of
    Appellate Procedure 38.8(a)(1) and 42.3, the Court may dismiss her appeal for want of
    prosecution unless, within twenty-one days of the date of the letter, she filed with the
    Court a response showing grounds for continuing the appeal. See 
    id. at R.
    38.8(a)(1),
    42.3(b).
    More than twenty-one days have passed, and we have received no response from
    Gore. Accordingly, we dismiss Gore’s appeal for want of prosecution. 2 See 
    id. at R.
    42.3(b).
    PER CURIAM
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Order issued and filed November 16, 2016
    Do not publish
    [CV06]
    2   C.M.W.’s and M.K.H.’s appeals remain pending.
    In the Interest of H.L.H. and A.H., Children                                        Page 2
    

Document Info

Docket Number: 10-16-00254-CV

Filed Date: 11/16/2016

Precedential Status: Precedential

Modified Date: 11/18/2016