DocketNumber： 10-07-00254-CV
Filed Date： 1/2/2008
Status： Precedential
Modified Date： 9/10/2015
IN THE
TENTH COURT OF APPEALS
No. 10-07-00254-CV
In the Matter of the Marriage of
Anna G. Schakosky
and
Rodney James Schakosky
and
in the Interest of N.V.S., a Child
From the 413th District Court
Johnson County, Texas
Trial Court No. D200705048
MEMORANDUM Opinion
Rodney James Schakosky filed a notice of appeal of the trial court’s judgment rendered against him. He now files a motion to dismiss his appeal.
He notes on his motion, and in the cover letter, that the Appellee, Anna Schakosky, has been copied with the motion. The Rules of Appellate Procedure require that each document presented for filing must contain a proof of service and that proof may be made in the form of an acknowledgment or a certification. Tex. R. App. P. 9.5(a) and (d). Rodney’s notation does not satisfy the requirements of an acknowledgment or a certification. However, because Rodney wishes to dismiss his appeal and has indicated that he has sent a copy of the motion to Anna, we use Rule 2 to suspend the requirement of Rule 9.5(d).
This appeal is dismissed. Tex. R. App. P. 42.1(a)(1).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed January 2, 2008
[CV06]
ee is not significantly injured by the appellant’s failure to timely file a brief.
Id. 38.8(a)(1).
More than thirty days have passed since Galer’s brief was due. We notified him of this defect by letter dated November 6, 2002. Id. 42.3, 44.3. He has not responded to our letter. Id. 42.3, 38.8(a)(1). Therefore, this appeal is dismissed for want of prosecution. Id. 38.8(a)(1).
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Dismissed for want of prosecution
Opinion delivered and filed November 27, 2002
Do not publish
[CV06]