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In re Interest of A.D.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 22, 2017
NO. 02-17-00184-CV (Tex. App. Jun. 22, 2017)

Opinion

NO. 02-17-00184-CV

06-22-2017

IN THE INTEREST OF A.D., A CHILD


FROM THE 324TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 324-257886-97 MEMORANDUM OPINION

Pro se appellant M.E.F. attempts to appeal from the trial court's order establishing the parent-child relationship between him and A.D., which was signed by the special master on March 27, 1998, and adopted by the trial judge on April 7, 1998. M.E.F. filed his notice of appeal on March 29, 2017. On May 25, 2017, we notified M.E.F. that it appeared we lacked jurisdiction over this appeal because his notice of appeal was not timely filed. See Tex. R. App. 26.1. We advised him that this appeal would be dismissed unless he or any party desiring to continue the appeal filed, on or before June 5, 2017, a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. M.E.F. filed a response, but it does not demonstrate grounds for continuing this appeal.

In order to perfect an appeal from a trial court's judgment in civil cases where, as here, no motion extending the trial court's plenary power was filed, see Tex. R. Civ. P. 329b, a party must file a notice of appeal within thirty days after the judgment was signed, see Tex. R. App. P. 25.1(a), 26.1. We lack jurisdiction over an appeal absent a timely filed notice of appeal. Howlett v. Tarrant Cty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh'g) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)). M.E.F.'s notice of appeal was filed more than thirty days after the trial court's judgment. Thus, it was untimely filed, and consequently, we dismiss this appeal for want of jurisdiction. Tex. R. App. P. 42.3(a), 44.3; see Howlett, 301 S.W.3d at 843.

/s/ Lee Gabriel

LEE GABRIEL

JUSTICE PANEL: GABRIEL, SUDDERTH, and KERR, JJ. DELIVERED: June 22, 2017


Summaries of

In re Interest of A.D.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 22, 2017
NO. 02-17-00184-CV (Tex. App. Jun. 22, 2017)
Case details for

In re Interest of A.D.

Case Details

Full title:IN THE INTEREST OF A.D., A CHILD

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Jun 22, 2017

Citations

NO. 02-17-00184-CV (Tex. App. Jun. 22, 2017)