In the Interest of C. M. M., a child--Appeal from 321st District Court of Smith County

NO. 12-07-00366-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

APPEAL FROM THE 321ST

IN THE INTEREST OF C.M.M.,

A CHILD JUDICIAL DISTRICT COURT OF

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected her appeal on July 12, 2007. Thereafter, the clerk s record was filed on December 7, 2007, making Appellant s brief due on or before January 7, 2008. When Appellant failed to file her brief within the required time, this court notified her on January 18, 2008 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 28, 2008, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for her failure to file the brief and a showing that Appellee had not suffered material injury thereby.

To date, Appellant has not complied with this court s January 18, 2008 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered January 31, 2008.

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

(PUBLISH)