By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Requirements for motion to dismiss appeal
explained [In re A.M.L.] (00-3-29)
On July 24, 2000, the Dallas Court of Appeals held that the juvenile’s
motion to dismiss his appeal was deficient so rejected it but then dismissed the
appeal for want of prosecution.
00-3-29. In the Matter of A.M.L., UNPUBLISHED, No. 05-00-00530-CV, 2000 WL
1073602, 2000 Tex.App.Lexis ___ (Tex.App.—Dallas 7/24/00)[Texas Juvenile Law
323 (4th Edition 1996)].
Facts: The Court has received appellant's June 29, 2000 motion to dismiss
appeal. However, such motion is deficient in several requirements. The motion
was submitted without a filing fee, the attorney's state bar number and address,
a certificate of service, and a certificate of conference. See Tex.R.App. P. 5,
9.1(a), 9.5(e) & 10.1(a)(5). Attached to the motion, is appellant's
affidavit, wherein he states that he no longer wishes to appeal the case.
Held: Appeal Dismissed.
Opinion Text: In this appeal, notice of appeal was filed December 22, 1999. By
letters dated April 4, 2000 and April 5, 2000, the Court informed appellant,
through his counsel, that a filing fee and a docketing statement were due, and
that no arrangements had been made to pay for the clerk's record. Appellant was
informed that failure to provide the filing fee, docketing statement and record
would result in the dismissal of the appeal. The Court received no response to
these letters.
On May 17, 2000, the Court sent a letter directly to appellant at his home
address regarding the deficiencies in his appeal. Thereafter, the Court received
the $125 filing fee and a motion to extend time to file a docketing statement.
The extension was granted until June 28, 2000. To date appellant has not filed a
docketing statement or provided the clerk's record. Rather, on June 29th the
Court received an improperly prepared motion to dismiss the appeal.
Noting appellant's affidavit regarding his desire to dismiss this appeal and
appellant's failure to provide the docketing statement and clerk's record for
this appeal, we DISMISS this appeal for want of prosecution, on the Court's own
motion. See Tex.R.App. P. 37.3(b), 42.3(b),(c).