In the Interest of P.E.P., a Minor Child--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-00-115-CV

IN THE INTEREST OF P.E.P., A MINOR CHILD

From the 170th District Court

McLennan County, Texas

Trial Court # 99-2899-4

MEMORANDUM OPINION

The Office of Attorney General originally filed a suit in McLennan County, Texas, to determine the father of a child, P.E.P. An order signed on November 10, 1999, established Patrick as P.E.P s father.

Patrick filed a notice of restricted appeal on March 8, 2000, alleging that he was not present for the paternity hearing and did not know of the court s order establishing the paternity of P.E.P. The clerk s record was filed on March 29, 2000. No reporter s record was filed. Thus, Patrick s brief was due on April 28, 2000. Tex. R. App. P. 37.3(c). On March 31, 2000, Patrick filed a withdrawal of his notice of appeal alleging that the issue on appeal had been rendered moot by an agreed order. We denied that motion because it did not conform to the rule on voluntary dismissals of civil cases under the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.1. No appellate brief was filed. We notified Patrick of this defect by letter on May 11, 2000, and warned him that his appeal may be dismissed for want of prosecution if he did not file a brief within ten days from the date of our letter. Id. 42.3, 44.3. To date, no brief has been filed.

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 Patrick s brief was due. He has not responded to our letters requesting his brief, nor has he provided a reasonable explanation for failing to file a brief. Id. 42.3, 38.8(a)(1). Therefore, 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 June 14, 2000

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