in the Matter of the Marriage of Trisha Penn and Brian Penn

IN THE
TENTH COURT OF APPEALS
No. 10-12-00017-CV
IN THE MATTER OF
THE MARRIAGE OF
TRISHA PENN AND BRIAN PENN
From the 378th District Court
Ellis County, Texas
Trial Court No. 80621D
MEMORANDUM OPINION
Brian Penn appeals from a final decree of divorce signed on September 23, 2011.
By letter dated January 31, 2012, the Clerk of this Court notified Penn that the appeal
was subject to dismissal because it appeared the notice of appeal was untimely. TEX. R.
APP. P. 26.1. Because it appeared that a motion for new trial was filed, the notice of
appeal would have been due on December 22, 2011. See id. (a). It was not filed until
January 11, 2012. The Clerk also warned Penn that the appeal would be dismissed
unless, within 21 days of the date of the letter, a response was filed showing grounds
for continuing the appeal. See TEX. R. APP. P. 42.3; 44.3. We have not received a
response.
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Judge Morris1
Appeal dismissed
Opinion delivered and filed March 14, 2012
[CV06]
1Rick Morris, Judge of the 146th District Court of Bell County, sitting by assignment of the Chief Justice
of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE
ANN. § 74.003(h) (West 2005).
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