Court of Civil Appeals of Texas, 2022

in the Interest of N.L.B., a Child

in the Interest of N.L.B., a Child
Court of Civil Appeals of Texas · Decided April 28, 2022

in the Interest of N.L.B., a Child

Opinion

Fourth Court of Appeals San Antonio, Texas April 28, 2022 No. 04-21-00437-CV IN THE INTEREST OF N.L.B., a Child From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-13937 Honorable John D. Gabriel Jr., Judge Presiding

ORDER Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Appellant Lynn Marie Formann’s brief was originally due on December 30, 2021. After we granted Appellant’s first and second motions for extensions of time to file the brief, it was due on March 30, 2022. See TEX. R. APP. P. 38.6(d). On April 11, 2022, Appellant filed a letter seeking additional time to file the brief until April 25, 2022.

In our April 19, 2022 order, we set the brief due on April 25, 2022, and we warned Appellant as follows: “Absent extenuating circumstances, no further extensions of time to file Appellant’s brief will be granted. If Appellant fails to file the brief by April 25, 2022, this court may dismiss this appeal for want of prosecution.”

Despite our written warning, on April 22, 2022, Appellant filed a fourth motion for extension of time to file the brief. She requested an extension of time to file the brief until May 24, 2022.

Appellant’s motion for an extension of time to file the brief is denied.

We order Appellant to file her brief and show cause in writing within ten days of the date of this order why this appeal should not be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.). Appellant’s written response must include a reasonable explanation for Appellant’s failure to timely file the brief. See TEX. R. APP. P. 38.8(a).

If Appellant fails to file her brief and show cause as ordered, this appeal will be dismissed without further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of April, 2022.

___________________________________ Michael A. Cruz, Clerk of Court

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