in the Interest of N.M.B., a Child ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00028-CV
IN THE INTEREST OF N.M.B.
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-EM5-06049
Honorable Antonia Arteaga, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: April 20, 2022
DISMISSED FOR WANT OF PROSECUTION
Appellant C.B. 1 appeals from the trial court’s Order in Suit Affecting the Parent-Child
Relationship. On February 18, 2022, we ordered Appellant C.B. to provide written proof to this
court on or before February 28, 2022 that she had paid the required fee to the court reporter for
preparation of the reporter’s record. We explained that if Appellant C.B. failed to respond within
the time provided, her appellant’s brief would be due March 21, 2022, and we would only consider
those issues or points raised in her brief that did not require a reporter’s record for a decision. See
TEX. R. APP. P. 37.3(c).
1
To protect the identity of the minor child, we refer to the parties by fictitious names, initials, or aliases. See TEX.
FAM. CODE § 109.002(d).
04-21-00028-CV
Appellant C.B. did not respond to our February 18, 2022 order. Therefore, her appellant’s
brief was due March 21, 2002. On March 22, 2022, when she did not file her brief, we ordered
Appellant C.B. to file, on or before April 6, 2022, her appellant’s brief and a written response
reasonably explaining (1) her failure to timely file the brief and (2) why appellee is not significantly
injured by her failure to timely file a brief. We explained that if Appellant C.B. failed to file a brief
and the written response by April 6, 2022, her appeal would be dismissed for want of prosecution.
See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if
appellant has failed to comply with a court order).
Appellant C.B. has failed to respond to our March 22, 2022 order. Therefore, we dismiss
her appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(c).
PER CURIAM
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