in the Interest of K.A.M.D., a Minor Child

• Court: Court of Appeals of Texas
• Decided: September 2, 2010
• Docket: 14-10-00730-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 2, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00730-CV

IN THE INTEREST OF K.A.M.D., a minor child

On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Cause No. 41214

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a final order terminating appellant’s parental rights signed June 24, 2008.  Appellant, Richard A. Dunsmore, Jr., filed a pro se notice of appeal on July 26, 2010. 

On August 10, 2010, appellee, the Texas Department of Family and Protective Services, filed a motion to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant has responded to the motion to dismiss, asking that we deny the motion in the interest of justice.

The procedures for an accelerated appeal under the Rules of Appellate Procedure apply to an appeal from a final order terminating the parent-child relationship.  Tex. Fam.Code Ann. §§ 109.002(a), 263.405(a) (Vernon 2009); In the Interest of K.A.F., 160 S.W.3d 923, 924-25 (Tex. 2005).  The notice of appeal must be filed within twenty days after the judgment or order is signed in an accelerated appeal.  Tex. R. App. P. 26.1(b).  Appellant’s notice of appeal was not filed for more than two years after the trial court signed the termination order.  Absent a timely notice of appeal, we have no jurisdiction over this appeal.  See K.A.F., 160 S.W.3d at 927.

Appellee’s motion to dismiss is granted.  Accordingly, the appeal is ordered dismissed.  We deny appellee’s request for damages for a frivolous appeal under Texas Rule of Appellate Procedure 45.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Sullivan.