in the Interest of K.T., a Child

• Court: Court of Appeals of Texas
• Decided: April 10, 2008
• Docket: 13-07-00714-CV
• Status: Published

Opinion

NUMBER 13-07-00714-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG _____________________________________________________________

IN THE INTEREST OF K.T., A MINOR CHILD ______________________________________________________________

On Appeal from the 267th District Court of Victoria County, Texas. _____________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

Appellant, Brenda Castillo, attempts to appeal from a judgment terminating her

parental rights to K.T., a minor child, on August 2, 2007. Appellant did not file a notice of

appeal until October 22, 2007, and did not file a motion for extension of time to file her

notice of appeal. We dismiss the appeal for want of jurisdiction.

In suits where the termination of parental rights is in issue, an appeal of a final order

is governed by the rules for accelerated appeals in civil cases. See TEX . FAM . CODE ANN .

§§ 109.002(a), 263.405(a) (Vernon 2002 & Supp. 2007). In an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment or order is signed.

TEX . R. APP. P. 26.1(b). The appellate court may extend the time to file the notice of

appeal, if, within fifteen days after the deadline for filing the notice of appeal, the party files

the notice of appeal in the trial court and files in the appellate court a motion for extension

of time that complies with the appellate rules. TEX . R. APP. P. 26.3; see In re K.A.F., 160

S.W.3d 923, 926-27 (Tex. 2005).

On November 29, 2007, the Clerk of this Court notified appellant, pursuant to Texas

Rule of Appellate Procedure 42.3(a), that her notice of appeal was untimely so that steps

could be taken to correct the defect, if it could be done. See TEX . R. APP. P. 37.3,

42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten days

from the date of receipt of this notice, the appeal would be dismissed for want of

jurisdiction. Appellant failed to respond to the Court's notice.

Appellant's notice of appeal was untimely, and we lack jurisdiction over this appeal.

Because this Court is not authorized to extend the time for perfecting an appeal except as

provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we DISMISS the appeal

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

PER CURIAM

Memorandum Opinion delivered and filed this the 10th day of April, 2008.