in the Interest of J.C.P.

Opinion

l)ISMISS; Opiiiion Filed January 17, 2013.

In The Apprals unrt if FifIh Oi&trirt uf ixa at OattaEi No. 05-1 2-00723-C V

iN THE INTEREST OF BABY BOY P, AKA J.C.P., A CHILD

On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. 12-192-X-305TH

MEMORANDUM OPINION Before Justices Moseley, Francis and Lang Opinion By Justice Francis

By letter dated November 28, 2012, we directed appellant to file, within ten days, a brief

addressing our jurisdiction over this appeal. Specifically, we questioned the timeliness of

appellant’s May 29, 2012 notice of appeal in which he complained of the trial court’s February 28,

2012 final decree of termination. We noted in our letter that, subject to a few mostly statutory

exceptions, our jurisdiction is invoked only upon the timely filing of a notice of appeal from a final

judgment. Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Garza v. Hibernia Nat’l

Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). We further noted that

because an appeal from a parental termination case is accelerated, the notice of appeal was due no

later than March 19, 2012 or, with a timely extension motion, April 3, 2012. See TEX. R. App. P.

26.1(b), 26.3, 28.1(b), 28.4; TEx. FAvI. CODE ANN. § 109.002(a) (West Supp. 2012). Appellant’s time tbr tiling his jurisdictional brief has passed, and he has not corresponded

with the Court, On January 3, 201 3, appellee filed a motion to dismiss for want of jurisdiction. Ten

days have passed since the motion was filed, and appellant has not responded to the motion either.

See TEx. R. APP. P. 103(a).

Because appellant’s May 29, 2012 notice of appeal is untimely, it fails to invoke our

jurisdiction. See Gaiza, 227 S.W.3d at 233. Accordingly, we grant the motion and dismiss the

appeal. See Thx. R. Apr. P. 42.3(a).

MOLLY 1CIS JUSTICE

120723F.P05 (LtntrL O1 \ipi.’t1 IritL tiL Lcxa; t1 jLlL1t; FiiL1! Jt 1

JUDGMENT IN THE INTEREST OF BABY BOY P, AKA Appeal from the 305th Judicial District Court J.C,P., A CHILD of Dallas County, Texas. (Tr.Ct.No. l2-l92 X-3 05th). No. 05-12-00723-CV Opinion delivered by Justice Francis, Justices Moseley and Lang participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Tony Don Puckett and [)orothy Mullin Pucket recover their costs, if any, of this appeal from appellant Christopher Chant Jordan.

Judgment entered January 17, 2013.

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