In the Interest of J.F., a Child v. the State of Texas

Texas Court of Appeals, 2nd District (Fort Worth)·Decided July 23, 2026·No. 02-26-00404-CV·Published

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

No. 02-26-00404-CV

IN THE INTEREST OF J.F., A CHILD

On Appeal from the 322nd District Court Tarrant County, Texas

Trial Court No. 322-740713-23

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Womack

MEMORANDUM OPINION

Appellant B.F. attempts to appeal from the trial court’s “Order in Suit Affecting the Parent–Child Relationship” signed on February 11, 2026 (the Order). Because B.F. timely filed a motion for new trial, his notice of appeal was due May 12, 2026—ninety days after the Order’s signing. See Tex. R. App. P. 26.1(a)(1). But B.F. did not file his notice of appeal until June 17, 2026, making it untimely. See id.

On June 19, 2026, we notified the parties by letter of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely. See id. We warned that we could dismiss this appeal for want of jurisdiction unless B.F. or any party wanting to continue the appeal filed a response by June 29, 2026, showing grounds for continuing it. See Tex. R. App. P. 42.3(a), 44.3. We have received no response.

The time for filing a notice of appeal is jurisdictional in this court, and without a timely filed notice of appeal or a timely filed extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because B.F.’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); In re N.G., No. 02-25-00668-CV, 2026 WL 70846, at *1 (Tex. App.—Fort Worth Jan. 8, 2026, no pet.) (mem. op.) (“Because L.G.’s notice of appeal was untimely, we dismiss this appeal for want of jurisdiction.”).

/s/ Dana Womack

Dana Womack

Justice

Delivered: July 23, 2026

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Related

Verburgt v. Dorner
959 S.W.2d 615 (Texas Supreme Court, 1998)
Jones v. City of Houston
976 S.W.2d 676 (Texas Supreme Court, 1998)