In the Interest of N.L., N.L., and V.F., Children v. the State of Texas

CourtListener 10845421Txctapp2Apr 16, 2026

Full text

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00020-CV
___________________________

IN THE INTEREST OF N.L., N.L., AND V.F., CHILDREN

On Appeal from the 233rd District Court
Tarrant County, Texas
Trial Court No. 233-537718-13

Before Sudderth, C.J.; Birdwell and Walker, JJ.
Memorandum Opinion by Justice Birdwell
MEMORANDUM OPINION

Appellant Father filed a notice of appeal from the January 6, 2026 final order in

a suit affecting the parent–child relationship in which the Department of Family and

Protective Services was removed as the managing conservator of children N.L., N.L.,

and V.F.; the children’s mother was appointed the children’s sole managing

conservator; and Father was appointed as the children’s possessory conservator.

On March 16, 2026, this court notified Father that his appellant’s brief, which

was due on March 3, 2026, had not been filed as required by Rule of Appellate

Procedure 38.6(a). See Tex. R. App. P. 38.6(a) (explaining briefing deadline); see also

Tex. R. App. P. 28.4(a)(2)(B) (explaining that child-protection appeals are accelerated).

We informed Father that under Rule of Appellate Procedure 42.3(b), his appeal could

be dismissed for want of prosecution unless he filed with the court, on or before

March 26, 2026, a brief along with a motion reasonably explaining the failure to timely

file his brief and the need for an extension. See Tex. R. App. P. 10.5(b) (setting out

requirements for a motion to extend time), 38.8(a)(1) (explaining that if an appellant

fails to timely file a brief, the appellate court may “dismiss the appeal for want of

prosecution, unless the appellant reasonably explains the failure and the appellee is

not significantly injured by the appellant’s failure to timely file a brief”), 42.3(b)

(allowing court to dismiss appeal for want of prosecution after giving ten days’ notice

to all parties).

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Father has not responded. We therefore dismiss the appeal for want of

prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

/s/ Wade Birdwell

Wade Birdwell
Justice

Delivered: April 16, 2026

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