in the Matter of the Marriage of Trisha Penn and Brian Penn

IN THE

TENTH COURT OF APPEALS

No. 10-12-00017-CV

IN THE MATTER OF

THE MARRIAGE OF

TRISHA PENN AND BRIAN PENN

From the 378th District Court

Ellis County, Texas

Trial Court No. 80621D

MEMORANDUM OPINION

Brian Penn appeals from a final decree of divorce signed on September 23, 2011. By letter dated January 31, 2012, the Clerk of this Court notified Penn that the appeal was subject to dismissal because it appeared the notice of appeal was untimely. TEX. R. APP. P. 26.1. Because it appeared that a motion for new trial was filed, the notice of appeal would have been due on December 22, 2011. See id. (a). It was not filed until January 11, 2012. The Clerk also warned Penn that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3; 44.3. We have not received a response.

Accordingly, this appeal is dismissed.

TOM GRAY

Chief Justice Before Chief Justice Gray,

Justice Davis, and

Judge Morris1

Appeal dismissed

Opinion delivered and filed March 14, 2012 [CV06]

1Rick Morris, Judge of the 146th District Court of Bell County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (West 2005).

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