Opinion
NO. 03-17-00848-CV
01-17-2018
Vaughn Young, Appellant v. Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT
NO. D-1-GN-14-004232 , HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION
The Department of Family and Protective Services filed a motion to dismiss this appeal for lack of jurisdiction contending that the notice of appeal filed by Vaughn Young is untimely. For the reasons that follow, we will grant the motion.
Young filed a notice of appeal on December 13, 2017, challenging an August 15, 2017 final order in the underlying suit. Before filing her notice of appeal, Young filed a timely motion for new trial, extending her appellate timetable by ninety days from the date that the judgment was signed to November 13, 2017. See Tex. R. Civ. P. 329b(a), Tex. R. App. P. 26.1(a). The time for Young to seek an extension for filing the notice of appeal has expired. See Tex. R. App. P. 26.3. Once the time for filing a notice of appeal and seeking an extension of time to file the notice of appeal have expired, a party cannot invoke an appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
Young's December 13, 2017 notice of appeal from the final order signed on August 15, 2017 is untimely, and we lack jurisdiction over this appeal. We grant the Department's motion and dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Field and Goodwin Dismissed for Want of Jurisdiction Filed: January 17, 2018