in the Matter of M. P.
in the Matter of M. P.
Opinion
PER CURIAM
M. P. attempts to appeal an adjudication of delinquency. A transcript in the cause was timely received by this Court on July 9, 1996.
In reviewing the transcript, the Clerk of this Court noted that appellant timely filed a notice of appeal with the juvenile court on June 3, 1996. By letter of July 15, 1996, this Court notified appellant that appellant was not a party that may perfect an appeal by filing a notice of appeal. See Tex. Civ. Prac. & Rem. Code Ann. §§ 6.001-.003 (West Supp. 1997). Additionally, this Court informed appellant that while the notice of appeal was a timely bona fide attempt to perfect the appeal and invoke the Court's jurisdiction, the notice was a defective perfecting instrument. Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex. 1991). The Court informed appellant, by the July 15 letter, that appellant could amend the defective perfecting instrument by filing a proper affidavit of inability to pay costs of appeal or give security, an appeal bond, or certificate of cash deposit in the juvenile court and then forward a copy by a supplemental transcript to this Court. Finally, the letter stated that if appellant did not file a proper perfecting instrument by August 16, 1996, the appeal may be dismissed unless the parties responded within ten days showing grounds for continuing the appeal. Tex. R. App. P. 60(a)(2).
The time for filing a supplemental transcript containing a proper perfecting instrument has passed with no action by M. P. Without an effective perfecting instrument, this Court has no jurisdiction over the appeal. Davies v. Massey, 561 S.W.2d 799, 801 (Tex. 1970). Because appellant has failed to file a supplemental transcript containing a proper perfecting instrument, this Court is without jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 60(a)(2).
Before Justices Powers, Aboussie and Jones
Appeal Dismissed for Want of Jurisdiction
Filed: January 16, 1997
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.