in the Interest of A.S.T., a Minor Child

• Court: Court of Appeals of Texas
• Decided: November 8, 2007
• Docket: 13-06-00704-CV
• Status: Published

Opinion

NUMBER 13-06-704-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________

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

____________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant attempts to appeal from a judgment terminating her parental rights. In suits where the termination of parental rights is in issue, an appeal of a final order is governed by the rules for accelerated appeals in civil cases. See Tex. Fam. Code Ann. §§ 109.002(a), 263.405(a) (Vernon 2002 & Supp. 2006). In an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment or order is signed. Tex. R. App. P. 26.1(b). The appellate court may 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 in the trial court and files in the appellate court a motion for extension of time that complies with the appellate rules. Tex. R. App. P. 26.3; see In re K.A.F., 160 S.W.3d 923, 926-27 (Tex. 2005).

Here, the notice of appeal was due to have been filed not later than November 8, 2006, but was not filed until November 29, 2006. No motion for extension of time was filed.

On January 30, 2007, this court notified appellant, pursuant to Texas Rule of Appellate Procedure 42.3(a), that her notice of appeal was untimely. Said notice was returned as undeliverable. The petitioners in this cause have now filed a motion to dismiss the appeal on grounds that the notice of appeal was untimely.

Appellant's notice of appeal was untimely, and we are without jurisdiction of this appeal. Because this Court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we GRANT petitioners' motion and DISMISS the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

PER CURIAM

Memorandum Opinion delivered and filed

this the 8th day of November, 2007.