Dawn Herrin and Oscar T. Herrin v. Department of Family and Protective Services--Appeal from 315th District Court of Harris County
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Opinion issued February 17, 2011.
In The
Court of Appeals
For The
First District of Texas
NOS. 01–09–00950–CV and
01-09-00960-CV
DAWN HERRIN AND OSCAR T. HERRIN, Appellants
V.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee
On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause Nos. 0709964J & 2009-13479
MEMORANDUM OPINION
On October 20, 2009, appellants Dawn Herrin and Oscar T. Herrin filed
their notices appealing the denial of their petitions in intervention in the parental
termination proceeding and the adoption proceeding below.
Since then, the
Herrins have failed to comply with filing deadlines, timely pay filing fees, or
timely secure the clerk’s records and reporter’s records, despite this Court’s
extensions of time and repeated notices concerning these required filings.
In appeal 01-09-00960-CV, we issued an opinion and judgment on June 17,
2010 dismissing their appeal for failure to pay the filing fees. After receiving
notice of the dismissal, the Herrins paid the filing fees and moved this Court to
reinstate the appeal, claiming that they would also make prompt arrangements to
pay for the appellate record. To date, the Herrins have not paid for preparation of
the record.
In appeal 01-09-00950-CV, we notified the Herrins that they had failed to
timely file their brief, and we gave them until February 1, 2011 to file the brief
along with a motion providing a reasonable explanation for the delay. The Herrins
have not complied with or responded to this notice.
The Court warned the Herrins that, as a result of the repeated delays in both
appeals, their appeals were subject to dismissal without further notice. Any further
extension of time would be incompatible with the state’s goal to prevent delay in
resolving parental rights cases, where the best interests of children are at stake.
See, e.g., TEX. FAM. CODE ANN. § 263.405(h) (Vernon 2008) (in appeals of final
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orders for children in state care, appellate court may not extend the time for filing
record or appellate brief without showing of good cause); HOUSE COMM.
ON
JUVENILE JUSTICE AND FAMILY ISSUES, BILL ANALYSIS, TEX. H.B. 409, 79th Leg.,
R.S. 2005; see also TEX. FAM. CODE ANN. § 153.001(a)(2) (Vernon 2008) (“The
public policy of this state is to . . . provide a safe, stable, and nonviolent
environment for the child.”). We dismiss these appeals for want of prosecution.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Alcala and Bland.
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