in the Interest of A.S.L, a Child

• Court: Court of Appeals of Texas
• Decided: July 2, 2013
• Docket: 05-13-00348-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 2, 2013

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00348-CV

IN THE INTEREST OF A.S.L., A CHILD

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. 11-21522

MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Bridges Appellant is appealing the trial court’s order terminating his parental rights. By letter

dated March 27, 2013, the Court informed appellant that his notice of appeal was untimely. We

informed appellant that his notice of appeal was filed within the fifteen-day grace period and that

he could remedy the timeliness problem by filing an extension motion within ten days of the date

of the letter. We cautioned appellant that failure to file an extension motion within the time

specified may result in dismissal of the appeal without further notice. As of today’s date,

appellant has not filed an extension motion.

An appeal from an order terminating parental rights follows an accelerated timetable. See

TEX. FAM. CODE ANN. § 263.405(a) (West Supp. 2012). Pursuant to the accelerated timetable,

the notice of appeal is due twenty days after the date the order appealed from is signed. TEX. R.

APP. P. 26.1(b). An extension of time may be granted if an appellant files a notice of appeal

within fifteen days of the deadline and files a motion complying with rule of appellate procedure 10.5(b). See TEX. R. APP. P. 26.3. Without a timely filed notice of appeal, this Court lacks

jurisdiction. See Tex. R. App. P. 25.1(b).

The decree of termination was signed on February 6, 2013. Accordingly, appellant’s

notice of appeal was due on February 26, 2013. See TEX. R. APP. P. 26.1(b). Appellant filed his

notice of appeal on March 8, 2013. The notice of appeal was not filed within twenty days of the

date the trial court’s order was signed but it was filed within fifteen days of the deadline. Thus,

appellant could have remedied the timeliness problem with a motion for extension. Appellant

did not file an extension motion.

In the absence of a timely filed notice of appeal this Court lacks jurisdiction.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/David L. Bridges/ DAVID L. BRIDGES 130348F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF A.S.L, A CHILD On Appeal from the 254th Judicial District Court, Dallas County, Texas. No. 05-13-00348-CV Trial Court Cause No. 11-21522. Opinion delivered by Justice Bridges. Justices Moseley and Lang-Miers, participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, the Texas Department of Family and Protective Services, recover its costs of this appeal from appellant, Robert Lucas.

Judgment entered July 2, 2013

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

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