Opinion
No. 10-07-00047-CV
Opinion Delivered and Filed March 28, 2007.
Appeal from the County Court at Law Ellis County, Texas, Trial Court No. 69896 CCL.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
David and Linda Garleigh filed an appeal of an order terminating their parental rights. The trial court signed the order on December 2, 2005. The Garleighs' notice of appeal, however, was filed November 19, 2006, almost one year later.
The Garleighs both signed affidavits of relinquishment of their parental rights.
The Clerk of this Court notified the Garleighs by letter that their appeal was subject to dismissal for want of jurisdiction because the notice of appeal appeared untimely. The Garleighs responded that the order of termination was not a final, appealable order until the trial court signed an order on November 13, 2006, dispensing with the withholding of income from the Garleighs for child support, thus making their notice of appeal timely filed.
The Texas Family Code provides that the validity of an order terminating the parental rights of a person who has executed a relinquishment of parental rights "is not subject to collateral or direct attack after six months after the date the order was signed." TEX. FAM. CODE ANN. § 161.211(a) (Vernon 2002) (emphasis added). The termination order was final for the purposes of appeal on the date it was signed. In the Interest of T.L.S., 143 S.W.3d 284, 287 (Tex.App.-Waco 2004, no pet.). The termination order was signed on December 2, 2005. The Garleighs filed their notice of appeal almost one year later. The notice of appeal is untimely, and we have no jurisdiction to consider this appeal.
The appeal is dismissed.