in the Interest of A. F. T. and J. T., Minor Children

• Court: Court of Appeals of Texas
• Decided: June 29, 2006
• Docket: 13-04-00257-CV
• Status: Published

Opinion

                             NUMBER 13-04-00257-CV

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI B EDINBURG

                       IN THE INTEREST OF A.F.T., A MINOR CHILD.

                On appeal from the County Court at Law No. 5

                                        of Nueces County, Texas.

                       MEMORANDUM OPINION

               Before Justices Hinojosa, Rodriguez, and Garza

                         Memorandum Opinion by Justice Hinojosa

Appellant, R.T., appeals from a decree of the trial court terminating his parental relationship with A.F.T., a minor child.^[1]  Appellee, the Texas Department of Family and Protective Services, moves to dismiss this appeal for lack of jurisdiction on the ground that appellant=s notice of appeal was untimely filed.  We dismiss for want of jurisdiction.

The trial court signed the decree of termination on April 14, 2004.  Because an appeal from the termination of a parent-child relationship is an accelerated appeal, appellant=s notice of appeal had to be filed on or before May 4, 2004, twenty days after the decree was signed.  See  Tex. Fam. Code Ann. '109.002(a) (Vernon 2002); Tex. R. App. P. 26.1(b); In the Interest of K.A.F., 160 S.W.3d 923, 925 (Tex. 2005).  However, appellant did not file his notice of appeal and motion for extension to file appeal until May 20, 2004, sixteen days after the deadline to file the notice of appeal.

This Court previously granted appellant=s motion for extension of time to file his notice of appeal.  However, Texas Rule of Appellate Procedure 26.3 only permits an appellate court to extend the time to file the notice of appeal, if, within fifteen days after the deadline for filing the notice of appeal, the party files the notice of appeal or files a motion for extension of time to file the notice of appeal.  Tex. R. App. P. 26.3; In the Estate of Padilla, 103 S.W.3d 563, 567 (Tex. App.BSan Antonio 2003, no pet.) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)).

Once the period of granting a motion for extension of time has passed, a party can no longer invoke the appellate court=s jurisdiction.  In the Estate of Padilla, 103 S.W.3d at 567 (citing Verburgt, 959 S.W.2d at 617).  Accordingly, we withdraw our prior order granting appellant=s request for extension of time to file his notice of appeal.

Because appellant=s notice of appeal was untimely filed, we are without jurisdiction to hear this appeal.^[2]  We dismiss this appeal for want of jurisdiction.

FEDERICO G. HINOJOSA

Justice

Memorandum Opinion delivered and filed

this the 29th day of June, 2006.

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^[1] The trial court=s decree also terminated the relationship of  A.F.T. and J.T. with their mother, M.E.F.  M.E.F. appealed the court=s decree of termination, but later filed a motion to withdraw her notice of appeal.  M.E.F.=s motion to withdraw her notice of appeal was granted by this Court, and her case was severed, assigned a new cause number, and dismissed.

^[2] We note that appellant timely filed a motion for new trial on April 30, 2004.  However, post-judgment motions do not extend the appellate deadline for filing an accelerated appeal; furthermore, a motion for new trial may not be considered a bona fide attempt to invoke the appellate court=s jurisdiction.  See In the Interest of K.A.F., 160 S.W.3d 923, 924 (Tex. 2005).