Opinion
No. 05-17-00581-CV
08-31-2017
IN THE INTEREST OF A.N., A MINOR CHILD
On Appeal from the 199th Judicial District Court Collin County, Texas
Trial Court Cause No. 199-30144-2014
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
This appeal arises from the termination of appellant's parental rights to A.N. After receiving appellant's June 2, 2017 motion for extension of time to file notice of appeal and reviewing the clerk's record, we questioned our jurisdiction over this accelerated appeal. Specifically, we questioned whether the appeal, filed June 1, 2017, from the trial court's April 21, 2017 decree of termination was timely. By letter dated July 6, 2017, the Court requested the parties provide the Court with briefing explaining how the Court has jurisdiction over this appeal. In response, appellant's counsel explained she had trouble communicating with appellant, who is incarcerated, and inadvertently calendared this appeal as a standard appeal with a thirty day filing deadline. Because we conclude there are no exceptions that would allow the Court to exercise jurisdiction over this untimely appeal, we dismiss for want of jurisdiction.
The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). In an accelerated appeal, the timeline to file a notice of appeal is shortened from thirty days to twenty days after the final judgment or order is signed. See TEX. FAM. CODE Ann. 109.002(a) (West Supp. 2010); TEX. R. APP. P. 26.1(b). However, the court may extend the deadline up to fifteen days after the initial due date upon the filing of a motion for extension of time. See TEX. R. APP. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Otherwise, as the Texas Supreme Court has held, "the deadline for filing a notice of appeal is strictly set at twenty days after the judgment is signed, with no exceptions . . . ." In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005).
Here, final judgment was rendered April 21, 2017, making the notice of appeal due twenty days later, on May 11, 2017, or with an extension motion, on May 26, 2017. See TEX. R. APP. P. 26.1(b), 26.3. However, the notice of appeal was not filed until June 1, 2017. Because the notice of appeal was filed after the latest possible deadline to perfect appeal, we deny the extension motion and dismiss the appeal for want of jurisdiction. See id. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170581F.P05
JUDGMENT
On Appeal from the 199th Judicial District Court, Collin County, Texas
Trial Court Cause No. 199-30144-2014.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction. Judgment entered August 31, 2017.