In the Matter of the Marriage of Michael Alrick Youngbloom, Sr. and Alissa Youngbloom and in the Interest of M. G. Y. & B. M. Y., Children v. the State of Texas
Date Filed2023-12-20
Docket12-23-00153-CV
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
NO. 12-23-00153-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN THE MATTER OF THE § APPEAL FROM THE
MARRIAGE OF MICHAEL ALRICK
YOUNGBLOOM, SR. AND ALISSA § COUNTY COURT AT LAW
YOUNGBLOOM AND IN THE
INTEREST OF M. G. Y. & B. M. Y., § CHEROKEE COUNTY, TEXAS
CHILDREN
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b).
Appellant, Michael Alrik Youngbloom, Sr., filed a notice of appeal on May 22, 2023. The
clerk’s record was filed on July 3 and the reporter’s record was filed on August 8. Appellant’s
brief was due on or before September 7. This Court granted Appellant’s counsel’s first request
for an extension to October 9, second request for an extension to October 30, and third request
for extension to November 30. On December 6, the Clerk of this Court notified Appellant that
the brief was past due. We further notified Appellant that the appeal may be dismissed for want
of prosecution unless a motion for extension of time, containing a reasonable explanation for the
failure to file a brief and showing that Appellee had not suffered material injury thereby, is filed
no later than December 18.
The December 18 deadline passed, and Appellant has not filed a brief, a motion for leave
to file a late brief, or a motion for extension of time. 1 Accordingly, we dismiss the appeal for
want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(c).
Opinion delivered December 20, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
1 This Court previously dismissed the appeal for failure to pay the filing fee. See In the Matter of the
Marriage of Youngbloom, No. 12-23-00153-CV, 2023 WL 4308644 (Tex. App.—Tyler June 30, 2023, no pet.)
(mem. op.). The appeal was reinstated after Appellant filed a motion for rehearing and paid the required fee.
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
DECEMBER 20, 2023
NO. 12-23-00153-CV
IN THE MATTER OF THE MARRIAGE OF MICHAEL ALRICK YOUNGBLOOM,
SR. AND ALISSA YOUNGBLOOM AND IN THE INTEREST OF M. G. Y. & B. M. Y.,
CHILDREN
Appeal from the County Court at Law
of Cherokee County, Texas (Tr.Ct.No. FM2100239)
THIS CAUSE came to be heard on the appellate record; and the same being considered,
it is the opinion of this Court that this appeal should be dismissed for want of prosecution.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be,
and the same is, hereby dismissed for want of prosecution; 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.