In the Interest of L.A.C.-M., a child Appeal from 451st Judicial District Court of Kendall County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00799-CV IN THE INTEREST OF L.A.C.-M., a Child From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 18-067 Honorable Kirsten Cohoon, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice Delivered and Filed: July 12, 2023 DISMISSED FOR WANT OF PROSECUTION Pro se appellant Sean Martinez appeals the trial court’s October 27, 2022 modification order. Appellant filed his pro se brief on December 16, 2022 at the same time he filed his notice of appeal. Because the brief did not comply with Rules 9.4, 9.5, and 38.1 of the Texas Rules of Appellate Procedure, we struck the brief and ordered appellant to file an amended brief by March 29, 2023. On March 23, 2023, appellant filed a motion for an extension of time to file his brief. We granted the motion and ordered appellant to file his amended brief no later than April 24, 2023. Appellant did not file his amended brief. Instead, appellant filed a motion asking for an additional thirty days to file the amended brief. We granted the motion and ordered appellant to file his amended brief no later than May 24, 2023. Neither the brief nor a motion for extension of time was filed. We therefore ordered appellant to file his amended brief and a written response 04-22-00799-CV reasonably explaining his failure to timely file the amended brief by June 16, 2023. We advised appellant that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3 (court may dismiss appeal for want of prosecution or because appellant has failed to comply with a court order within the time provided). Appellant has not filed an amended brief or the written response ordered by the court. Accordingly, this appeal is dismissed. PER CURIAM -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.