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

• Court: Court of Appeals of Texas
• Decided: May 17, 2024
• Docket: 05-24-00034-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 17, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00034-CV

IN THE INTEREST OF K.F.T., A CHILD

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-50796-2017

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Carlyle Opinion by Chief Justice Burns Appellant appeals the trial court’s August 17, 2023 order in this suit to

modify the parent-child relationship. Appellant filed a timely motion for new trial.

Accordingly, the notice of appeal was due within ninety days of the date of

judgment or November 15, 2023. See TEX. R. APP. P. 26.1(a). Appellant filed a

notice of appeal on January 5, 2024.

Because the timely filing of a notice of appeal is jurisdictional, we directed

appellant to file a letter brief addressing the jurisdictional issue. See Brashear v.

Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas

2009, no pet.) (op. on reh’g) (timely filing of notice of appeal jurisdictional). Although appellant filed a letter brief, she addresses the merits of the appeal, but

does not address our jurisdictional concern.

Because the notice of appeal was untimely filed, we dismiss the appeal for

want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III 240034F.P05 CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF K.F.T., A On Appeal from the 401st Judicial CHILD District Court, Collin County, Texas Trial Court Cause No. 401-50796- No. 05-24-00034-CV 2017. Opinion delivered by Chief Justice Burns. Justices Molberg and Carlyle participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered May 17, 2024

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