in the Interest of J.C.F-C., a Child
This text of in the Interest of J.C.F-C., a Child (in the Interest of J.C.F-C., a 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.
Opinion
i i i i i i
MEMORANDUM OPINION
No. 04-08-00371-CV
IN THE INTEREST OF J.C.F.-C., a Child
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2002-EM5-03641 Honorable David A. Berchelmann, Jr., Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice
Delivered and Filed: September 17, 2008
DISMISSED FOR LACK OF JURISDICTION
On May 29, 2008, appellant filed a document entitled “Petition for Restricted Appeal”
seeking to appeal a judgment signed on November 3, 2007. In his Petition for Restricted Appeal,
appellant concedes that he participated in the trial; however, he notes that he did not participate in
the entry of the judgment. Rule 30 of the Texas Rules of Appellate Procedure states, “A party who
did not participate - either in person or through counsel - in the hearing that resulted in the judgment
complained of” may file a restricted appeal. TEX . R. APP . P. 30. The judgment appellant seeks to
appeal states, “Petitioner, Daniel Cruz Cantu, appeared in person and through attorney of record,
Matt Stolhandske, and announced ready for trial.” Although the judgment was signed on November
3, 2007, the judgment states that it was “judicial PRONOUNCED AND RENDERED in court at San 04-08-00371-CV
Antonio, Bexar County, Texas on October 3, 2007.” Moreover, a notice of appeal in a restricted
appeal must be filed within six months after the judgment is signed; therefore, appellant’s notice of
appeal was required to be filed no later than May 3, 2008. TEX . R. APP . P. 26.1(c). Appellant did
not file his Petition for Restricted Appeal until May 29, 2008.
On August 15, 2008, this court ordered appellant to show cause in writing why this appeal
should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. This appeal
is dismissed for lack of jurisdiction. Costs of the appeal are taxed against appellant.
-2-
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in the Interest of J.C.F-C., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jcf-c-a-child-texapp-2008.