In the Interest of D.V., Jr., A.V. and A.V., Children--Appeal from 99th District Court of Lubbock County
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NO. 07-09-0110-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
AUGUST 17, 2009
______________________________
In the Interest of D.V., Jr., A.V. and A.V., Children
_________________________________
FROM THE 99th DISTRICT COURT OF LUBBOCK COUNTY;
NO. 99-505,558; HONORABLE WILLIAM C. SOWDER, JUDGE
_______________________________
MEMORANDUM OPINION
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Helen Vela (appellant) filed a pro se notice of appeal seeking to alter the trial court’s
judgment on child support surplus. We dismiss the appeal. The clerk’s record was filed
with this court on April 6, 2009, and the reporter’s record on June 17, 2009. Appellant’s
brief fell due on July 20, 2009. It was not received, however. By letter dated July 30, 2009,
we notified appellant that the due date for the brief had lapsed, that the brief had not been
filed, and that no motion to extend the deadline had been received by the court. Citing
TEX . R. APP. P. 38.8, the letter also notified appellant that the appeal would be subject to
dismissal unless a response reasonably explaining her failure to file a brief was submitted
by August 10, 2009. To date, no brief or motion to extend the deadline has been filed. Nor
has the court received any explanation for the omission.
Accordingly, we dismiss the appeal for want of prosecution. TEX . R. APP. P.
38.8(a)(1); 42.3(b).
Per Curiam
2
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