In the Interest of N. K., a Child v. the State of Texas

NO. 12-23-00283-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE INTEREST OF § APPEAL FROM THE

N. K., A CHILD § COUNTY COURT AT LAW NO. 2

§ GREGG COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 42.3(c).
L.K. filed a notice of appeal on November 8, 2023. That same day, the Clerk of this
Court notified Appellant that the notice of appeal failed to contain the information specifically
required by Section 51.017(a) of the Texas Civil Practice and Remedies Code. See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on
each court reporter responsible for preparing reporter’s record). The notice warned that, unless
Appellant filed a proper notice of appeal on or before November 20, the appeal would be
referred to the Court for dismissal. This deadline passed and Appellant has not filed a compliant
notice of appeal or other response to this Court’s notice. 1
Because Appellant failed, after notice, to comply with Section 51.017(a), the appeal is
dismissed. See TEX. R. APP. P. 42.3(c) (on its own initiative after giving ten days’ notice to all
parties, appellate court may dismiss appeal if appeal is subject to dismissal because appellant
failed to comply with a requirement of these rules, a court order, or a notice from the clerk
requiring a response or other action within a specified time).
Opinion delivered November 30, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1 We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 30, 2023

NO. 12-23-00283-CV

IN THE INTEREST OF N. K., A CHILD

Appeal from the County Court at Law No 2
of Gregg County, Texas (Tr.Ct.No. 2022-1088-CCL2)

THIS CAUSE came on to be heard on the appellate record, and the same
being considered, it is the opinion of this Court that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that
this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court
below for observance.

By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.