Malcolm M. Kelso v. Marylyn G. Kelso
Malcolm M. Kelso v. Marylyn G. Kelso
Opinion
11th Court of Appeals
Eastland, Texas
Opinion
Malcolm M. Kelso
Appellant
Vs. No. 11-01-00262-CV B Appeal from Dallas County
Marylyn G. Kelso
Appellee
The trial court signed its order on February 8, 2001, reducing appellant=s arrearage in child support to a $27,684 judgment and awarding attorney=s fees. Appellant timely filed both a motion for new trial and a notice of appeal. An affidavit of inability to pay costs on appeal was not filed pursuant to TEX.R.APP.P. 20.1. After notice and an opportunity to cure the failure to file the reporter=s record, the appeal was advanced on the clerk=s record alone. TEX.R.APP.P. 37.3(c).
Appellant=s brief was due to be filed in this court on or before February 15, 2002. On February 22, 2002, the clerk of this court notified the parties that the brief had not been filed and requested that appellant respond by filing a motion for extension of time stating a reasonable explanation for the failure to file his brief. TEX.R.APP.P. 38.8(a). Appellant was further advised in the February 22 letter that failure to respond could result in the dismissal of his appeal for want of prosecution. TEX.R.APP.P. 42.3. There has been no response to our letter of February 22.
Therefore, the appeal is dismissed for want of prosecution.
PER CURIAM
March 28, 2002
Do not publish. See TEX.R.APP.P. 47.3(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.