In the Interest of B.F. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 30, 2023
• Docket: 09-23-00022-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00022-CV __________________

IN THE INTEREST OF B.F.

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On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-234,240 __________________________________________________________________

MEMORANDUM OPINION

On January 26, 2023, T.F. filed a notice of appeal in Trial Court Cause

Number C-234,240. We questioned whether we had jurisdiction over the appeal, and

we warned the appellant that we would dismiss the appeal for lack of jurisdiction

unless she filed a response showing grounds for continuing the appeal.

Subsequently, T.F. failed to file a response.1 We find that when T.F. filed the

notice of appeal, she could not effectively invoke this Court’s appellate jurisdiction

1Itis not clear what order, if any, T.F. wished to appeal. We have addressed appeals arising from Trial Court Cause Number C-234,240 on two prior occasions. In 2020, we affirmed an order terminating T.F.’s parental rights to her minor child, 1 over Trial Court Cause Number C-234,240.2 Additionally, the appellant failed to

comply with the notice from the Clerk which required her to file a response to the

notice the Court sent to her by February 21 sufficient to show the grounds that

justified continuing her appeal. 3

T.F. failed to file a timely notice of appeal and failed to comply with the notice

from the Clerk. Accordingly, the appeal is dismissed.4

APPEAL DISMISSED.

PER CURIAM

Submitted on March 29, 2023 Opinion Delivered March 30, 2023

Before Horton, Johnson and Wright, JJ.

B.F. See In re B.F., No. 09-20-00154-CV, 2020 WL 66600961 (Tex. App.— Beaumont Nov. 12, 2020, no pet.). In 2022 we dismissed T.F.’s attempted appeal from an order dismissing Trial Court Cause Number C-234,240. See In re B.F., No. 09-22-00220-CV, 2022 WL 3651990 (Tex. App.—Beaumont Aug. 25, 2022, no pet.). The notice of appeal T.F. filed in 2023 did not identify an order from which her notice of appeal would have been timely, and it did not identify an order from which she would have had standing to appeal since the trial court had previously signed an order terminating her parental rights. 2See Tex. R. App. P. 26.1; see also id. 42.3(a). 3See id. 42.3(c). 4See id. 42.3(a), (c), 43.2(f).