In the Matter of the Marriage of Jackie Holik and Melissa Holik and in the Interest of A.F.H., a Child--Appeal from County Court at Law of Walker County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00239-CV

In the Matter of the Marriage of

Jackie Holik and Melissa Holik

and

in the Interest of A.F.H., a Child

From the County Court at Law

Walker County, Texas

Trial Court No. 11297

MEMORANDUM Opinion

Melissa Holik appeals from an adverse judgment rendered in a divorce and child custody case. After notification, we dismissed her appeal in November of 2007. See Tex. R. App. P. 42.3(b), (c) and 44.3. Holik filed a motion to reconsider which we ultimately granted. In February of 2008, the opinion and judgment of dismissal were withdrawn, and the appeal was reinstated.

Holik s brief in this appeal is now past due. The Clerk of this Court notified Holik in a letter dated July 16, 2008 that the brief was past due and warned her that the Court might dismiss the appeal for want of prosecution unless, within 21 days of this letter, Holik or any party desiring to continue the appeal filed with this Court a response showing grounds for continuing the appeal. More than 21 days have passed, and Holik has neither filed a brief nor responded in any way to the Clerk s letter.

Accordingly, this appeal is dismissed. Tex. R. App. P. 38.8(a)(1); 42.3(b), (c).

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed September 17, 2008

[CV06]