Opinion
No. 10-03-206-CV.
Order issued and filed February 25, 2004.
Appeal from the 18th District Court Johnson County, Texas, Trial Court # D200105555.
Motion dismissed.
Brenda G. Hansen; Ft. Worth for Appellant/Relator.
Erin K. Lamb; Johnson County Asst. County Attorney; Cleburne for Appellee/Respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA
ORDER OF DISMISSAL
The trial court signed a decree terminating Loretta Meserve's parental rights on October 30, 2002. Meserve filed a notice of appeal on May 1, 2003.
By statute, this is an accelerated appeal. Tex. Fam. Code. Ann. §§ 109.002(a), 263.405(a) (Vernon 2002). Therefore, Meserve's notice of appeal was due twenty days after the court signed the decree. TEX. R. APP. P. 26.1(b). Thus, her notice of appeal was due on November 19, 2002. She filed her notice of appeal 163 days late.
We dismissed this appeal for want of jurisdiction on August 20, 2003. A motion for rehearing was filed on August 22, 2003. The motion for rehearing was overruled on October 15, 2003.
Now acting as her own attorney, Loretta Meserve forwarded a document to the court dated January 6, 2004, that was filed on January 23, 2004. The document appears to be another motion for rehearing.
Our plenary power over this appeal expired on November 14, 2003, 30 days after we overruled the prior motion for rehearing. TEX. R. APP. P. 19.1(b). Accordingly, we have no jurisdiction to consider this motion. This second motion for rehearing is thus dismissed.