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In re Interest of D.M.

Court of Appeals Fifth District of Texas at Dallas
Jun 9, 2017
No. 05-17-00472-CV (Tex. App. Jun. 9, 2017)

Opinion

No. 05-17-00472-CV

06-09-2017

IN THE INTEREST OF D.M., A CHILD


On Appeal from the 254th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-15-11930

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Evans
Opinion by Justice Evans

This is an accelerated appeal from the trial court's April 3, 2017 judgment terminating appellant's parental rights. See TEX. R. APP. P. 28.4. The notice of appeal was due no later than April 24, 2017 or, with a timely extension motion reasonably explaining the need for the extension, May 9, 2017, see id. 4.1(a), 10.5(b), 26.1(b), 26.3. Appellant's notice of appeal was filed May 1, 2017, but without an extension motion. Because the notice of appeal was filed within the extension period, we allowed appellant an opportunity to remedy the timeliness problem by filing an extension motion no later than May 18, 2017. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). To date, however, appellant has not responded.

Because the timely filing of a notice of appeal is jurisdictional and an appellate court may not extend the filing deadline if no reasonable explanation is provided for needing the extension, we dismiss the appeal. See id. 10.5(b), 26.3; Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.).

/David W. Evans/

DAVID EVANS

JUSTICE 170472F.P05

JUDGMENT

On Appeal from the 254th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-15-11930.
Opinion delivered by Justice Evans. Justices Bridges and Lang-Miers participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 9th day of June, 2017.


Summaries of

In re Interest of D.M.

Court of Appeals Fifth District of Texas at Dallas
Jun 9, 2017
No. 05-17-00472-CV (Tex. App. Jun. 9, 2017)
Case details for

In re Interest of D.M.

Case Details

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

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 9, 2017

Citations

No. 05-17-00472-CV (Tex. App. Jun. 9, 2017)