Opinion
No. 05-20-00341-CV
05-27-2020
IN THE INTEREST OF D.H. AND D.H., CHILDREN
On Appeal from the 301st Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-07-03695
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
We questioned our jurisdiction over this appeal which was filed nine months after the judgment, the order in suit affecting the parent-child relationship, was signed. See TEX. R. APP. P. 26.1 (providing thirty-day, ninety-day, and six-month deadlines for filing notice of appeal, depending on circumstance); Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh'g) (timely notice of appeal is jurisdictional). As reflected in the record, the judgment was signed June 19, 2019. Appellant did not appear at the final hearing and did not file a motion for new trial or request for findings of fact and conclusions of law. Under the rules of appellate procedure, the appeal could proceed as a restricted appeal and was due to be filed no later than December 19, 2019 or, with an extension motion, no later than January 3, 2020. See TEX. R. APP. P. 26.1(c), 26.3, 30. The notice of appeal, however, was not filed until March 12, 2020.
By letter dated April 24, 2020, we directed appellant to file a letter brief addressing our concern and cautioned her that failure to comply by May 4, 2020, could result in the appeal being dismissed without further notice. See TEX. R. APP. P. 42.3(a),(c). To date, appellant has not responded.
Because the notice of appeal was untimely, we lack jurisdiction. See id. 26.1(c), 26.3; Brashear, 302 S.W.3d at 545. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 200341F.P05
JUDGMENT
On Appeal from the 301st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-07-03695.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Molberg participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Cecilio Hernandez, Jr. recover his costs, if any, of this appeal from appellant Guillermina Antona. Judgment entered May 27, 2020