In the Interest of N.W.B. and K.W.R., children--Appeal from 392nd District Court of Henderson County

MARY'S OPINION HEADING NO. 12-03-00056-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
APPEAL FROM THE 392ND

IN THE INTEREST OF N.W.B.

 
JUDICIAL DISTRICT COURT OF

AND K.W.R., CHILDREN

 
HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Mark Roberts ("Roberts"), Appellant, filed a notice of appeal on September 3, 2002. On February 24, 2003, the Texas Department of Protective and Regulatory Services (the "Department"), Appellee, filed a motion to dismiss this appeal for want of prosecution. Specifically, the Department contends that this appeal should be dismissed because Roberts has failed to (1) file a statement of the point or points on which he intends to appeal as required by section 263.405(a) of the Texas Family Code; (2) file his notice of appeal with this court; (3) designate and request either a clerk's record or a reporter's record; and (4) make satisfactory arrangements for payment of fees for the trial clerk's and reporter's records or make a claim of indigence in accordance with section 263.405(e) of the Family Code. The Department also requested damages for a frivolous appeal pursuant to Texas Rule of Appellate Procedure 45.

On February 26, 2003, the clerk of this court notified Roberts that the filing fee for the appeal was due no later than September 3, 2002 and that the clerk's record and the reporter's record were due to be filed no later than October 3, 2003. Roberts was further notified that the appeal would be presented to the court for dismissal in accordance with Rule of Appellate Procedure 42.3(c) unless the filing fee and proof of full payment to the clerk and the court reporter were received no later than March 13, 2003. However, Roberts has not paid the filing fee, provided the requested proof of payment, or otherwise responded to the October 3 notice. Accordingly, Appellant's appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3(b). The Department's request for damages is denied.

 

Opinion delivered March 21, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.

 

(PUBLISH)

 
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
MARCH 21, 2003
NO. 12-03-00056-CV
IN THE INTEREST OF N.W.B.
AND K.W.R., CHILDREN
Appeal from the 392nd Judicial District Court
of Henderson County, Texas. (Tr.Ct.No. 01B-279)
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant, Mark Roberts, for which execution may issue; and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J. and Griffith, J.

 
THE STATE OF TEXAS
M A N D A T E

TO THE 321ST JUDICIAL DISTRICT COURT OF HENDERSON COUNTY, GREETINGS:

 

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 21st day of March, 2003, the cause upon appeal to revise or reverse your judgment between

 
IN THE INTEREST OF N.W.B.
AND K.W.R., CHILDREN
NO. 12-03-00056-CV and Tr. Ct. Case Number 01B-279
Opinion by Per Curiam.

was determined; and therein our said Court made its order in these words:

THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.

 

It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant, Mark Roberts, for which execution may issue; and that this decision be certified to the court below for observance.

 

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

 

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.

 

CATHY S. LUSK, CLERK

 

By:_______________________________

Deputy Clerk