in the Interest of H. S., a Child

Court of Appeals of Texas

in the Interest of H. S., a Child

DecidedFebruary 28, 2006

Docket12-06-00025-CV

StatusPublished

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Opinion

MARY'S OPINION HEADING

NO. 12-06-00025-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 321ST

IN THE INTEREST OF H.S., A CHILD § JUDICIAL DISTRICT COURT OF

§ SMITH COUNTY, TEXAS

MEMORANDUM OPINION

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on December 8, 2005. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., January 9, 2006. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. See Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on January 17, 2006. Because the notice of appeal was not filed on or before January 9, 2006, this Court has no jurisdiction to consider the appeal.

On February 17, 2006, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before February 27, 2006 to establish the jurisdiction of this Court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this Court.

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 28, 2006.

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

(DO NOT PUBLISH)

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MARY'S OPINION HEADING

NO. 12-06-00025-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 321ST

IN THE INTEREST OF H.S., A CHILD § JUDICIAL DISTRICT COURT OF

§ SMITH COUNTY, TEXAS

MEMORANDUM OPINION

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on December 8, 2005. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., January 9, 2006. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. See Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on January 17, 2006. Because the notice of appeal was not filed on or before January 9, 2006, this Court has no jurisdiction to consider the appeal.

On February 17, 2006, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before February 27, 2006 to establish the jurisdiction of this Court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this Court.

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 28, 2006.

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

(DO NOT PUBLISH)

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