In the Interest of T.J.B. a Child--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-99-258-CV

IN THE INTEREST OF T.J.B., A CHILD

From the 18th District Court

Johnson County, Texas

Trial Court # 5398-98

MEMORANDUM OPINION

Appellee, Katherine Ann Ross, filed suit in Johnson County, Texas, to seek the termination of the parental rights of Appellant, Timothy Guy Blatter, to their child, T.J.B. Blatter was incarcerated in Colorado, and an attorney was appointed to represent his interests. The trial court attempted to bench warrant Blatter to Johnson County for a hearing on the termination petition; however, the Colorado authorities would not transport him to Texas. After a hearing, the trial court terminated Blatter s parental rights.

It appears from the record that Blatter retained an attorney to represent his interests on appeal. His retained attorney filed a motion for new trial and filed a notice of appeal on September 7, 1999. The clerk s record was filed in this Court on September 13, 1999, and the reporter s record was filed on October 27, 1999. Although Blatter s brief was due on November 26, 1999, no appellant s brief has been filed. Tex. R. App. P. 38.6(a).

Ross filed a motion to dismiss the appeal for want of prosecution. The Rules of Appellate Procedure provide:

...on any party s motion or on its own initiative after giving ten days notice to all parties the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

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(b) for want of prosecution;...

Id. 42.3. Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file his brief, the Court may:

dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee 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 Blatter s brief was due. We notified him of this defect by letter on December 7, 1999. Id. 42.3, 44.3. He has not responded to our letter requesting an extension or showing grounds for continuing the appeal, nor has he provided a reasonable explanation for failing to file a brief. Id. 42.3, 38.8(a)(1). Therefore, Ross s motion to dismiss is granted, and 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 January 26, 2000

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