Opinion
No. 10-03-206-CV.
Opinion delivered and filed August 20, 2003.
Appeal from the 18th District Court, Johnson County, Texas, Trial Court #D200105555.
Dismissed for want of jurisdiction.
Brenda G. Hansen, Attorney at Law, Arlington, Tx, for appellant.
Dale S. Hanna, Johnson County District Attorney, Erin Lamb, Johnson County Asst. District Attorney, Cleburne, TX, for appellee.
Before Justice VANCE, Justice GRAY, and Senior Justice HILL (Sitting by Assignment).
MEMORANDUM OPINION
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.
Rule of Appellate Procedure 42.3 provides:
Under the following circumstances, on any party's motion — or on its own initiative after giving ten days' notice to all parties — the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:
(a) for want of jurisdiction;
(b) for want of prosecution; or
(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.
Tex.R.App.P. 42.3.
The Clerk of this Court sent the following notice to the parties on July 9, 2003:
Pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, you are notified that this cause is subject to dismissal for want of jurisdiction because it appears the notice of appeal is untimely. Therefore, the Court may dismiss this appeal unless, within ten days of the date of this letter, a response is filed showing grounds for continuing this appeal.
Id. 42.3, 44.3. The Court has received no response. Id. Therefore, this appeal is dismissed for want of jurisdiction. Id.; Raley v. Lile, 861 S.W.2d 102, 105-06 (Tex.App.-Waco 1993, writ denied).