Opinion
No. 05-09-00289-CV
Opinion issued April 3, 2009.
On Appeal from the 330th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-02295.
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
On December 16, 2008, the trial court rendered judgment terminating appellant's parental rights. Appellant's notice of appeal was due by January 5, 2009. See Tex. Fam. Code Ann. § 109.002 (Vernon 2008); Tex. R. App. P. 26.1(b). Appellant filed his notice of appeal on March 16, 2009. In response to our inquiry regarding our jurisdiction over the appeal, appellant filed a letter conceding the Court has no jurisdiction.
Appellant filed a motion for new trial on January 15, 2009. This, however, is an accelerated appeal and the motion for new trial was not effective to extend the time to file a notice of appeal. See In the Interest of K.A.F., A Child, 160 S.W.3d 923, 926 (Tex. 2005).
Appellant's untimely notice of appeal leaves us without jurisdiction. Accordingly, we dismiss the appeal.