in the Interest of L.R.S., a Child
This text of in the Interest of L.R.S., a Child (in the Interest of L.R.S., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas
November 23, 2020
No. 04-20-00507-CV
IN THE INTEREST OF L.R.S., A CHILD,
From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 13540 Honorable Albert D. Pattillo, III, Judge Presiding
ORDER
The trial court signed an order terminating appellant’s parental rights on July 17, 2020. Because “termination of the parent-child relationship [was] at issue” in this case, this appeal is governed by the rules of appellate procedure for accelerated appeals. TEX. R. APP. P. 28.4(a); see also TEX. FAM. CODE ANN. § 109.002(a-1). In an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment is signed, and that deadline is not extended by the filing of a motion for new trial. TEX. R. APP. P. 26.1(b); In re G.S., No. 04-17-00237-CV, 2017 WL 2457052, at *1 (Tex. App.—San Antonio June 7, 2017, no pet.) (mem. op.). As a result, appellant’s notice of appeal was due by August 6, 2020, and a motion for extension of time to file the notice of appeal was due by August 21, 2020. TEX. R. APP. P. 26.1, 26.3; In re G.S., 2017 WL 2457052, at *1.
Appellant filed her notice of appeal on October 14, 2020. “[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction.” See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal was untimely filed, we ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by December 3, 2020. See id. If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.
_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of November, 2020.
___________________________________ MICHAEL A. CRUZ, Clerk of Court
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