In the Interest of D.W., D.B., and J.B., Children v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: April 23, 2026
• Docket: 02-26-00172-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00172-CV ___________________________

IN THE INTEREST OF D.W., D.B., AND J.B., CHILDREN

On Appeal from the 325th District Court Tarrant County, Texas Trial Court No. 325-746781-24

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Mother1 attempts to appeal the trial court’s “Final Order in Suit

Affecting the Parent–Child Relationship.” Mother filed her notice of appeal pro se,

but it appears that she is represented by court-appointed counsel.2

The trial court signed its order on June 24, 2025; therefore, Mother’s notice of

appeal was due July 14, 2025. See Tex. R. App. P. 26.1(b) (providing that “in an

accelerated appeal, the notice of appeal must be filed within 20 days after the

judgment or order is signed”), 28.1(b) (stating that accelerated appeal is perfected by

filing notice of appeal within time allowed by Rule 26.1(b)). However, Mother did not

file her notice of appeal until March 17, 2026, making it untimely. See Tex. R. App. P.

26.1(b), 28.1(b).

Without a timely filed notice of appeal or extension request, we do not have

jurisdiction over the appeal, and we must dismiss it. See Tex. R. App. P. 25.1(b),

26.1(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Howlett v. Tarrant

County, 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on

reh’g); see also Wheeler v. Green, 157 S.W.3d 439, 444 (Tex. 2005) (“[P]ro se litigants are

In suits affecting the parent–child relationship (SAPCR), we use aliases for the 1

names of the children and their parents. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P. 9.8(b)(2). 2 In the SAPCR order, the trial court orders that Mother’s appointed counsel “shall continue in that capacity until all appeals of a final order . . . are exhausted or waived.” Mother’s appointed counsel has not filed a motion to withdraw in the trial court or in this court.

2 not exempt from the rules of procedure.”). On March 19, 2026, we notified Mother

and her appointed counsel of our concern that we lack jurisdiction over this appeal

because her notice of appeal was untimely. We warned her that we could dismiss this

appeal for want of jurisdiction unless she filed a response by March 30, 2026, showing

grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. We have not

received a response.

Because Mother’s notice of appeal was untimely, we dismiss this appeal for

want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

Per Curiam

Delivered: April 23, 2026