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In Interest of C.M.M.D.

Court of Appeals of Texas, Tenth District, Waco
Mar 26, 2003
No. 10-03-063-CV (Tex. App. Mar. 26, 2003)

Opinion

No. 10-03-063-CV

Opinion delivered and filed March 26, 2003

From the 18th District Court, Johnson County, Texas, Trial Court # D200105555.

Dismissed for want of jurisdiction.

Before Chief Justice Davis, Justice Vance, and Justice Gray


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 January 3, 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. Her January 3, 2003 notice of appeal is forty-five days late.

We notified the parties by letter dated February 19, 2003 that this appeal may be dismissed for want of jurisdiction because of the untimely notice of appeal, unless a response was filed within ten days thereafter showing grounds for continuing the appeal. Id. 42.3(a). No response has been filed.

Because Meserve's notice of appeal is untimely, we lack jurisdiction over this appeal. Raley v. Lile, 861 S.W.2d 102, 105-06 (Tex.App.-Waco 1993, writ denied) (untimely appeal bond). Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

In Interest of C.M.M.D.

Court of Appeals of Texas, Tenth District, Waco
Mar 26, 2003
No. 10-03-063-CV (Tex. App. Mar. 26, 2003)
Case details for

In Interest of C.M.M.D.

Case Details

Full title:IN THE INTEREST OF C.M.M.D. AND C.F.J., CHILDREN

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 26, 2003

Citations

No. 10-03-063-CV (Tex. App. Mar. 26, 2003)