in the Interest of the T. R. M. and H. S. M, Children ( 2004 )

NO. 07-04-0109-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
APRIL 20, 2004
______________________________
IN THE INTEREST OF T.R.M. AND H.S.M., CHILDREN
_________________________________
FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;
NO. 31036; HONORABLE LEE WATERS, JUDGE
_______________________________
Before QUINN and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Appellant Shannon Luster, appearing pro se, filed with the District Clerk of Gray
County, in Cause No. 31036 pending in the 223rd District Court of that county, a document
entitled Texas Rule of Civil Procedure 306a(5) Motion. The District Clerk forwarded the
motion to this court, considering that it could be interpreted as a bona fide attempt to
invoke this court’s jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). While
the motion did not meet the requirements for a notice of appeal, it contained a notation
“Notice of Appeal” at the bottom of each page. The relief requested in the motion was of
a nature to be addressed by the trial court, not an appellate court. The motion did not state
the date of the judgment or order appealed from or state clearly that appellant desired to
appeal. Tex. R. App. Proc. 25.1(d). Additional information from the District Clerk indicated
that no appealable order of the type referred to in the motion had been entered by the trial
court in that cause number, and further indicated that the trial court had addressed the
relief expressly requested in the motion.
The motion was received by this court on March 11, 2004. By letter dated March
26, 2004, the clerk of this court directed appellant to file, within ten days, a response
stating the date of the judgment or order appealed from and containing the information
required by Rule 25.1(d) of the Texas Rules of Appellate Procedure. Appellant was advised
that failure to respond could result in dismissal of the appeal. See Tex. R. App. P. 42.3.
That date has passed and no response has been received.
All parties have had more than ten days’ notice that dismissal could result from
appellant’s failure to comply with the rules and this court’s orders. Tex. R. App. Proc.
42.3(c). Accordingly, the appeal is dismissed.
James T. Campbell
Justice
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