Opinion
01-24-00206-CV
03-26-2024
In the Interest of A.M.A., N.X.A., N.A.A., and A.J.A., Children
310th District Court of Harris County, Trial court case number: 2016-25607.
ORDER
Amparo Monique Guerra, Judge.
On March 13, 2024, appellant, mother, filed a notice of appeal from the trial court's February 14, 2024 Decree for Termination, terminating her parental rights to A.M.A, N.X.A., N.A.A., and A.J.A. Because the trial court's Decree for Termination was signed on February 14, 2024, appellant's notice of appeal was due on or before March 5, 2024. See Tex. R. App. P. 26.1(b) (notice of appeal must be filed within twenty days after date order is signed in accelerated appeal), 28.4 (classifying appeals from parental termination cases as accelerated appeals). Accordingly, appellant's March 13, 2024 was not timely filed.
Absent a timely filed notice of appeal, we lack jurisdiction over an appeal. See Tex. R. App. P. 25.1. However, the time within which to file a notice of appeal may be enlarged if, within fifteen days after the deadline for filing a notice of appeal, a party files a notice of appeal in the trial court and a motion for extension of time to file a notice of appeal in the appellate court. See Tex. R. App. P. 26.3. Taking this extension into account, appellant's notice of appeal and motion for extension of time to file a notice of appeal were due no later than March 20, 2024. Appellant's March 13, 2024 notice of appeal was filed within the extended period provided by Texas Rule of Appellate Procedure 26.3.
Additionally, on March 20, 2024, appellant's court-appointed counsel filed an "Unopposed Motion to Extend Time to File Notice of Appeal." Accordingly, appellant's motion for extension of time to file a notice appeal was also filed within the extended period provided by Texas Rule of Appellate Procedure 26.3.
Appellant's motion for extension of time to file a notice of appeal includes a certificate of conference stating that appellant conferred, or attempted to confer, with all other parties regarding the relief requested in the motion, and no party is opposed to the requested relief. See Tex. R. App. P. 10.1(a)(5), 10.3(a)(2).
Because appellant filed her notice of appeal and Unopposed Motion to Extend Time to File Notice of Appeal within the fifteen-day extended period provided by Texas Rule of Appellate Procedure 26.3, appellant's motion is granted.
It is so ORDERED.