in the Interest of C.J.C., A.M.M.C., K.L.D.C. C.M.G., S.B.G. and C.J.G., Minor Children

• Court: Court of Appeals of Texas
• Decided: February 21, 2007
• Docket: 12-07-00061-CV
• Status: Published

Opinion

                NO. 12-07-00061-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§          APPEAL FROM THE THIRD

IN THE INTEREST OF C.J.C., A.M.M.C.,

K.L.D.C., C.M.G., S.B.G. AND C.J.G,        §          JUDICIAL DISTRICT COURT OF

MINOR CHILDREN

§          HENDERSON COUNTY, TEXAS

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 of the date of the judgment.   Tex. R. App. P. 26.1(b).  Here, the notice of appeal was due to have been filed not later than November 28, 2006, but was not filed until February 1, 2007.          

            On February 6, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that her notice of appeal was untimely.  Appellant was further notified that unless the information furnished in the appeal was amended on or before February 16, 2007, the appeal would be dismissed.  Appellant responded to our dismissal notice stating, in part, that she filed a motion for new trial on December 8, 2006 and therefore her notice of appeal was timely.  When the rules governing accelerated appeals apply, however, the filing of a motion for new trial does not extend the deadline for filing a notice of appeal.  In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005).  Therefore, 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 dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

Opinion delivered February 21, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)