in the Interest of H.M. Minor Child

• Court: Court of Appeals of Texas
• Decided: January 25, 2013
• Docket: 05-12-01638-CV
• Status: Published

Opinion

DISMISS; Opinion issues January 25, 2013.

In The (Enurt of Appeals

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No. 05-12—01638~CV

IN THE INTEREST OF H.M., A CHILD

On Appeal from the 380th Judicial District Court

Collin County, Texas Trial Court Cause No. 380-54170-2009

MEMORANDUM OPINION

Before Justices Lang«Miers, Myers, and Lewis Opinion By Justice Lang-Miers

This is an appeal from the trial court’s August 24, 2012 order in suit to modify the parent~ child relationship. Father, who timely filed a motion for new trial, filed his notice of appeal on December 6, 2012. The notice was filed outside the ninety—day period allowed under the rules of appellate procedure but within the fifteen day period in which an extension motion setting forth a reasonable explanation for the delay may be filed. See TEX. R. APP. P. 10.5(b), 26.1(a), 26.3. Because Father had not moved for an extension or otherwise provided a reasonable explanation for the late filing, we directed him to file an extension motion by December 21, 2012. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). To date, Father has not filed the motion or otherwise

corresponded with the Court.

The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b); Garza

v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex. App.~«-Houston [lst Dist.] 2007, no pet). Because Father’s notice of appeal was untimely and he has failed to provide a reasonable explanation for the delay, we lack jurisdiction over this appeal. See Garza, 227 S.W.3d at 233. Accordingly,

we dismiss the appeal. See TEX. R. APP. P. 412.3(3)

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JUDGMENT IN THE INTEREST OF H.M., A CHILD Appeal from the 380th Judicial District Court of Collin County, Texas. (Tr.Ct.No. 380— No. 0542—01638—CV 54170-2009).

Opinion delivered by Justice Lang-Miers, Justices Myers and Lewis participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Catherine Gonzalez recover her costs, if any, of this appeal from appellant Joel Merkins.

Judgment entered January 25, 2013.

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