in the Interest of K.M.M and M.W.M., Children ( 2015 )

ACCEPTED 14-15-00204-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/25/2015 11:24:35 AM CHRISTOPHER PRINE CLERK No. 14-15-00204-CV FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 6/25/2015 11:24:35 AM FOR THE FOURTEENTH DISTRICT AT HOUSTON TEXAS CHRISTOPHER A. PRINE Clerk IN RE K.M.M. AND M.W.M., CHILDREN APPELLEE'S MOTION TO DISMSS TRIAL COURT CASE NUMBER 2006-45711 TRIAL COURT: 247th Judicial District Court, Ranis County, Texas The Honorable John Schmude, Presiding Judge TO THE HONORABLE JUSTICES OF SAID COURT: Movant, KELLI MAHONEY A/K/A KELLI GREEN files this her Motion To Dismiss pursuant to Texas Rule of Appellate Procedure 42.3(b) and in support thereof, show as follows: 1. Appellant, MATTHEW MAHONEY, has not filed his Brief and the deadline to do so has passed. 2. Specifically, Appellant's Brief was due on May 18, 2015. More than one month has passed since that time and Appellant has failed to file a brief or any extension of time to file the brief. 3. Accordingly, Appellee requests that the Court grant this motion and that this case be dismissed pursuant to Texas Rule of Appellate Procedure 42.3(b), or alternatively, that the Court affirm the trial court's judgment. Respectfully Submitted, ZIMMERMAN LAW FIRM, L.L.P. /si~A.~ Marcia Zimmerman . State Bar No. 22270050 Kristen A Black State Bar No. 24055179 Melinda M. Metz State Bar No. 24043641 400 North Texas Avenue, Suite C Webster, Texas 77598 (281) 557-1300 (281) 557-1344 Facsimile Attorneys for Appellee 2 CERTIFICATE OF CONFERENCE As required by Tex. R. App. P. 10.1(a)(5) I certifY that I have conferred with counsel for Appellant who has indicated that this motion is opposed. /s/~/1.~ Kristen A. Black Attorney for Appellee CERTIFICATE OF SERVICE I certifY that on the 25th day of June, 2015, I served a copy of this Motion to Dismiss in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: MATTHEW W. MAHONEY Lead attorney: Walter P. Mahoney, Jr. Address of service: 4915 Holly Avenue Pasadena, Texas 77503 Method of service: Facsimile at (281) 998-9430 Date of service: June 25,2015 /s/~/1.~ Kristen A. Black Attorney for Appellee 3