In the Interest of B.T. and B.T., Children v. the State of Texas
Docket 02-25-00611-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Family
- Disposition
- Dismissed
- Docket
- 02-25-00611-CV
Appeal from the 393rd District Court, Denton County, Texas, in an action concerning children (No. 20-10161-393), dismissed for failure to prosecute.
Summary
The court dismissed an appeal in a child-protection case because the appellant failed to file the required appellate brief. The brief was due March 13, 2026; the court notified the appellant of the deficiency on March 24 and gave a deadline of April 6 to file the brief and a motion explaining the delay. The appellant did not respond, so the court dismissed the appeal for want of prosecution under the Texas appellate rules.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file a timely appellate brief
- Whether the appellant's failure to respond to the court's notice and to file an explanation or extension justified dismissal under the Texas Rules of Appellate Procedure
Court's Reasoning
The appellate rules require an appellant to file a brief by the deadline and to explain any untimely filing. The court notified the appellant of the missed deadline and gave a specific additional deadline to file the brief and an explanatory motion. The appellant failed to do so, and under the cited rules dismissal for want of prosecution was appropriate. The lack of any response after notice and opportunity to cure supported dismissal.
Authorities Cited
- Texas Rule of Appellate Procedure 38.6(a)
- Texas Rule of Appellate Procedure 10.5(b)
- Texas Rule of Appellate Procedure 38.8(a)(1)
- Texas Rule of Appellate Procedure 42.3(b)
- Texas Rule of Appellate Procedure 43.2(f)
Parties
- Appellant
- Unidentified appellant (in the interest of B.T. and B.T.)
- Appellee
- Unidentified (children: B.T. and B.T.)
- Judge
- Per Curiam (Womack, Wallach, and Walker, JJ.)
Key Dates
- appellant's brief due
- 2026-03-13
- court notice of failure to file
- 2026-03-24
- deadline to respond/explain
- 2026-04-06
- decision delivered
- 2026-04-30
What You Should Do Next
- 1
Consult appellate counsel immediately
Talk to an attorney right away to evaluate whether grounds exist to seek reinstatement of the appeal or other post-judgment relief and to prepare any necessary motions.
- 2
Prepare a motion to reinstate or for rehearing
If there is a valid excuse for missing the deadline, draft and file a motion explaining the delay, attaching evidence, and asking the court to reinstate the appeal as soon as possible.
- 3
Review trial-court judgment and deadlines
Determine whether there are additional post-judgment remedies or deadlines (such as motions in the trial court) that must be pursued to preserve rights while seeking appellate relief.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the appellant did not file the required brief and did not respond to the court's notice and deadline to explain the delay.
- Who is affected by this decision?
- The appellant in the child-related case and the children involved (B.T. and B.T.) are directly affected because the appellate review is ended by dismissal.
- What happens next procedurally?
- The dismissal terminates the appeal; the trial-court judgment stands unless the appellant successfully seeks reinstatement or other relief in the appellate court.
- Can this dismissal be undone?
- Potentially, the appellant may move to reinstate the appeal by showing good cause for the delay and meeting any rule-based requirements, but the court did not receive any such motion before dismissal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00611-CV
___________________________
IN THE INTEREST OF B.T. AND B.T., CHILDREN
On Appeal from the 393rd District Court
Denton County, Texas
Trial Court No. 20-10161-393
Before Womack, Wallach, and Walker, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
Appellant’s brief was due on March 13, 2026. On March 24, 2026, we notified
appellant that her brief had not been filed as the appellate rules require. See Tex. R.
App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution
unless, on or before April 6, 2026, appellant filed with the court an appellant’s brief
and an accompanying motion reasonably explaining the brief’s untimely filing and
why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We
have received no response.
Because appellant has failed to file a brief even after we afforded an
opportunity to explain the initial failure, we dismiss the appeal for want of
prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
Per Curiam
Delivered: April 30, 2026
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