Opinion
No. 04-13-00665-CV
2013-10-08
IN THE INTEREST OF R.S.D. A CHILD
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-00894
Honorable H. Paul Canales, Judge Presiding
ORDER
Appellant Tamara Bramlett seeks to appeal from a final order terminating her parental rights. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405. The trial court entered the final order of termination on July 17, 2013. Because this is an accelerated appeal, the notice of appeal was due on August 6, 2013. See TEX. R. APP. P. 26.1(b) (requiring notice of appeal to be filed within twenty days after the judgment is signed in an accelerated appeal). A motion for extension of time to file the notice of appeal was therefore due on August 21, 2013. See TEX. R. APP. P. 26.3 (providing a fifteen-day grace period after the deadline for filing notice of appeal). Appellant filed her notice of appeal on September 18, 2013, well after the deadlines for filing the notice of appeal and motion for extension of time to file the notice of appeal had expired. See id. Once the period for granting a motion for extension of time under Rule 26.3 has passed, a party can no longer invoke the appellate court's jurisdiction. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
It is therefore ORDERED that appellant Tamara Bramlett show cause in writing within thirty (30) days from the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If appellant fails to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All deadlines in this matter are suspended pending resolution of the jurisdictional issue.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of October, 2013.
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Keith E. Hottle
Clerk of Court