In the Interest of M.C.R., et al., Minor Children--Appeal from 224th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-06-00585-CV
IN THE INTEREST OF M.C.R., et al., Minor Children
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-PA-02053
Honorable Karen H. Pozza, Judge Presiding

PER CURIAM

 

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: June 20, 2007

 

DISMISSED

This is an accelerated appeal from a judgment terminating appellant's parental rights. See Tex. Fam. Code Ann. 263.405 (Vernon Supp. 2006). The trial court denied appellant's motion for new trial, found him not indigent, and found the points on which appellant states he intends to appeal to be frivolous. See id. 263.405(c) (requiring a party intending to appeal a final termination order to file a statement of appellate points in the trial court); id. 263.405(d)(3) (requiring the trial court to hold a hearing and determine whether the appeal is frivolous). On December 7, 2006, this court ordered appellant to file a brief addressing whether his appellate points are frivolous no later than December 27, 2006. On January 23, 2007, this court notified appellant's counsel that the appellant's brief had not been filed and instructed counsel to respond within ten days. Appellant's counsel responded by filing a motion to withdraw as counsel stating that he had not been retained to represent appellant on appeal. On February 16, 2007, this court granted the motion to withdraw filed by appellant's trial counsel, and ordered appellant to file his brief addressing whether his appellate points are frivolous no later than March 8, 2007. With neither the appellant's brief nor a motion for extension of time having been filed, this court issued a show cause order directing appellant to show cause in writing by April 14, 2007 why this appeal should not be dismissed for want of prosecution. Appellant did not respond. Accordingly, this appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant. PER CURIAM