in the Interest of C.S., Minor Child

Court of Appeals of Texas

in the Interest of C.S., Minor Child

DecidedSeptember 15, 2004

Docket04-04-00491-CV

StatusPublished

This text of in the Interest of C.S., Minor Child (in the Interest of C.S., Minor Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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MEMORANDUM OPINION No. 04-04-00491-CV IN THE INTEREST OF C.S. From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 02-1545-CV Honorable Don B. Morgan, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice, concur without opinion

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 15, 2004

DISMISSED

On August 5, 2004, this court ordered appellant to show cause in writing within fifteen days why this accelerated appeal should not be dismissed for lack of jurisdiction. Appellant responded that her notice of appeal was filed after the trial court denied her motion for new trial. The filing of a motion for new trial in an accelerated appeal does not extend the twenty-day deadline for filing a notice of appeal under Rule 26.1(b). See Tex. R. App. P. 26.1(b); see also Tex. Fam. Code Ann. § 263.405© (Vernon 2002). Appellant's notice of appeal was due on May 10, 2004, but was not filed until July 1, 2004, after expiration of the fifteen-day grace period allowed for filing a motion for extension of time to file notice of appeal. See Tex. R. App. P. 26.1(b), 26.3. Once the period for granting a motion for extension of time under Rule 26.3 has passed, a party can no longer invoke the appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997) (construing the predecessor to Rule 26). Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of appeal are taxed against appellant.

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MEMORANDUM OPINION No. 04-04-00491-CV IN THE INTEREST OF C.S. From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 02-1545-CV Honorable Don B. Morgan, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice, concur without opinion

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 15, 2004

DISMISSED

On August 5, 2004, this court ordered appellant to show cause in writing within fifteen days why this accelerated appeal should not be dismissed for lack of jurisdiction. Appellant responded that her notice of appeal was filed after the trial court denied her motion for new trial. The filing of a motion for new trial in an accelerated appeal does not extend the twenty-day deadline for filing a notice of appeal under Rule 26.1(b). See Tex. R. App. P. 26.1(b); see also Tex. Fam. Code Ann. § 263.405© (Vernon 2002). Appellant's notice of appeal was due on May 10, 2004, but was not filed until July 1, 2004, after expiration of the fifteen-day grace period allowed for filing a motion for extension of time to file notice of appeal. See Tex. R. App. P. 26.1(b), 26.3. Once the period for granting a motion for extension of time under Rule 26.3 has passed, a party can no longer invoke the appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997) (construing the predecessor to Rule 26). Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of appeal are taxed against appellant.

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