COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00068-CV

IN THE INTEREST OF D.L.S., 

K.M.S., D.D.T., AND D.S.T.

------------

FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

------------

MEMORANDUM OPINION1 AND JUDGMENT

------------

On January 21, 2011, the trial court signed the final order terminating 

Appellant L.M.S.’s parental rights to her four children. Appellant filed her notice 

of appeal on February 11, 2011. In May 2011, we granted the motion to 

withdraw filed by Appellant’s retained counsel, and we abated the appeal for the 

trial court to conduct a hearing to determine whether Appellant wished to 

continue the appeal and whether Appellant is indigent. The trial court determined 

that Appellant is not indigent.

 

1See Tex. R. App. P. 47.4.
2

On July 11, 2011, we advised Appellant that because she did not pay or 

make arrangements to pay for the reporter’s record, we would consider and 

decide the issues on appeal that did not require a reporter’s record. In the same 

letter we advised Appellant that her brief was due by August 1, 2011. On that 

date, Appellant filed a motion for extension of time to file her brief, and we 

extended the due date for Appellant’s brief to August 31, 2011. On September 2, 

2011, Appellant filed a second motion for extension of time to file her brief, and 

we again extended the due date for Appellant’s brief, this time to September 30, 

2011. 

On October 11, 2011, Appellant filed a third motion for extension of time to 

file her brief. On October 13, 2011, we issued an order denying Appellant’s 

motion for extension of time and further ordered that Appellant file her brief by 

October 19, 2011. In the October 13, 2011 order, we notified Appellant that her

brief had not been filed as required by Texas Rule of Appellate Procedure 

38.6(a). See Tex. R. App. P. 38.6(a). We stated that we could dismiss the 

appeal for want of prosecution unless appellant or any party desiring to continue 

this appeal filed with the court within ten days a response showing grounds for 

continuing the appeal. See Tex. R. App. P. 42.3. 

On October 20, 2011, Appellant filed a response to our October 13, 2011 

order, and Appellant again requested more time to prepare her appellate brief 

and to retain counsel. On October 21, 2011, we notified appellant that we had 
3

forwarded her docketing statement and affidavit of indigency to the pro bono 

program administered by the State Bar of Texas and the Tarrant County Bar 

Association’s Appellate Section. We also notified Appellant that we had received 

her explanation for not timely filing her brief, and we stated that we would dismiss 

the appeal for want of prosecution unless we received an appellant’s brief or an 

appearance by an attorney within ten days. On October 28, 2011, we received 

notification that appellant would not have pro bono counsel. As of this date, we 

have not received an appellant’s brief.

Because appellant's brief has not been filed, we dismiss the appeal for 

want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL: GARDNER, WALKER, and MCCOY, JJ. 

DELIVERED: November 10, 2011