In the Interest of C.B., a Child v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: February 19, 2026
• Docket: 02-25-00733-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00733-CV ___________________________

IN THE INTEREST OF C.B., A CHILD

On Appeal from the 481st District Court Denton County, Texas Trial Court No. 23-7950-481

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Appellant E.L.B. (Mother)1 attempts to appeal from the trial court’s “Order of

Termination” signed on December 9, 2025. Because this appeal is accelerated,

Mother’s notice of appeal was due on December 29, 2025. See Tex. Fam. Code Ann.

§ 263.405(a) (providing that termination orders are governed by the procedures for

accelerated appeals in civil cases under the Texas Rules of Appellate Procedure); Tex.

R. App. P. 26.1(b) (providing that in an accelerated appeal, the notice of appeal must

be filed within twenty days after the judgment or order is signed). But Mother did not

file the notice of appeal until December 30, 2025, making it untimely.2 See id.

On January 2, 2026, we notified the parties by letter of our concern that we

lack jurisdiction over this appeal because the notice of appeal was untimely. Tex. R.

App. P. 26.1(b); In re K.M.Z., 178 S.W.3d 432, 433 (Tex. App.—Fort Worth 2005, no

pet.) (explaining that “[t]he timely filing of a notice of appeal is jurisdictional in this

court”). We instructed Mother to file a response providing a reasonable explanation

We use initials to refer to minors and relationships to those minors for others 1

as necessary to protect the minor’s identity. See Tex. R. App. P. 9.8(b)(2).

Mother also filed a motion for new trial on December 30, 2025, but that 2

motion did not extend the appellate deadline. See Tex. R. App. P. 28.1(b) (“Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not extend the time to perfect an accelerated appeal.”); In re K.A.F., 160 S.W.3d 923, 928 (Tex. 2005) (“[W]hen an appeal is accelerated, the deadline for filing a notice of appeal under Texas Rule of Appellate Procedure 26.1(b) is twenty days after the judgment or order is signed, and the post-judgment motions listed in Texas Rule of Appellate Procedure 26.1(a) will not operate to extend the appellate deadline.”).

2 for failing to file the notice of appeal in a timely manner and warned that if she did

not file the response by January 12, 2026, we would dismiss this appeal for want of

jurisdiction. See Tex. R. App. P. 42.3(a). Mother did not file a response.3

Because Mother’s notice of appeal was untimely, and because she has not

shown grounds for continuing her appeal, we dismiss it for want of jurisdiction. See

Tex. R. App. P. 42.3(a), 43.2(f).

/s/ Brian Walker

Brian Walker Justice

Delivered: February 19, 2026

3 Mother filed her notice of appeal on December 29, 2024, within the fifteen- day grace period provided by Rule 26.3. See Tex. R. App. P. 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); see also Tex. R. App. P. 10.5(b) (motion requirements). Thus, a motion for extension of time is necessarily implied. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617. But Mother was still required to provide a reasonable explanation for failing to file the notice of appeal in a timely manner. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617. It is not enough to simply file a notice of appeal. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617.