Opinion
No. 05-11-01305-CV
08-31-2012
IN THE INTEREST OF M.A., ET AL., CHILDREN
DISMISS;
On Appeal from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 09-914-W
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lang-Miers
Opinion By Chief Justice Wright
By notice of appeal filed September 15, 2011, Mother challenges the trial court's May 28, 2011 decree terminating her parental rights to her four children. Because the notice of appeal filed more than three months from the date of the decree appeared untimely, we questioned our jurisdiction over the appeal. See Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App- Houston [1st Dist.] 2007, no pet.) (timely filed notice of appeal invokes our jurisdiction) (citing Tex. R. App. P. 25.1). By letter dated May 14, 2012, we directed the parties to file letter briefs addressing our concern. Mother responded, asserting she was unaware of the deadline. Appellee Texas Department of Family and Protective Services did not respond.
An appeal in a parental termination case is accelerated and must be filed within twenty days after the judgment is signed. Tex. R. App. P. 26.1(b); Tex. Fam. Code Ann. § 109.002(a) (West Supp. 2011). This period may be extended fifteen days upon the timely filing of an extension motion. Tex. R. App. P. 26.3. Although the Supreme Court has directed appellate courts to construe the rules of appellate procedure reasonably and liberally so that the right to appeal is not lost by imposing requirements unnecessary to effect the purpose of a rule, a court cannot enlarge the time for perfecting a civil appeal. In re T.W., 89 S.W.3d 641, 642 (Tex. App.-Amarillo 2002, no pet.).
Unlike an ordinary appeal, the deadline for filing a notice of accelerated appeal cannot be extended by filing a motion for new trial, motion to modify judgment, motion to reinstate, or request for findings of fact and conclusions of law. See Tex. R. App. P. 28.1(b); In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005).
Based on the judgment date of May 28, 2011, Mother's notice of appeal was due June 17, 2011 or, with an extension motion, July 5, 2011. Tex. R. App. P.4.1(a), 26.1(b), 26.3. Mother has explained the delay in filing her notice of appeal, but nothing in the appellate rules provides a remedy for a notice of appeal filed after all deadlines have expired. In re T.W., 89 S.W.3d at 643 (op. on reh'g). Accordingly, because her notice of appeal was filed outside the relevant time frame, it was untimely and failed to invoke our jurisdiction. Garza, 227 S.W.3d at 233. We dismiss the appeal. See Tex. R. App. P. 42.3(a).
CAROLYN WRIGHT
CHIEF JUSTICE
111305F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
IN THE INTEREST OF M.A., ET AL., CHILDREN
No. 05-11-01305-CV
Appeal from the 304th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 09-914- W).
Opinion delivered by Chief Justice Wright, Justices Francis and Lang-Miers participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. We ORDER that appellee TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES recover its costs, if any, of this appeal from appellant FRENCHAIRE ANDREWS.
Judgment entered August 31, 2012.
CAROLYN WRIGHT
CHIEF JUSTICE