in the Interest of M. A. H. and S. J. B., Minor Children

• Court: Court of Appeals of Texas
• Decided: October 18, 2006
• Docket: 12-06-00328-CV
• Status: Published

Opinion

                NO. 12-06-00328-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§          APPEAL FROM THE 402ND

IN THE INTEREST OF      

M.A.H. AND S.J.B.,  §          JUDICIAL DISTRICT COURT OF

MINOR CHILDREN

§          WOOD COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  On June 21, 2006, the trial court signed an order in a suit to modify the parent-child relationship.  Appellant, acting pro se, filed a notice of appeal on July 26, 2006 with the Wood County District Clerk.  The notice of appeal did not designate the court of appeals to which Appellant sought to appeal.  The District Clerk forwarded the notice of appeal to the Sixth Court of Appeals in Texarkana. 

            On September 20, 2006, after retaining counsel, Appellant filed an amended notice of appeal in which she stated her desire to appeal the trial court’s order to this Court.  On the same date, this Court notified Appellant, pursuant to Texas Rule of Appellate Procedure 37.1, that the amended notice of appeal does not show the jurisdiction of this Court because the appeal has been perfected to the Sixth Court of Appeals in Texarkana.  Appellant was further notified that unless the information received in this appeal was amended on or before October 2, 2006 to show the jurisdiction of this Court, the appeal would be dismissed.  Appellant has not responded to our notice or amended the information in this appeal.

            Wood County, the county from which this appeal originated, lies in two different appellate districts.  Tex. Gov’t Code Ann. § 22.201(g), (m) (Vernon Supp. 2006).  Appeals from Wood County may be taken either to the Sixth or the Twelfth Court of Appeals at the option of the appellant.  See Miles v. Ford Motor Co., 914 S.W.2d 135, 137-38 n.4 (Tex. 1995).  Jurisdiction lies in the appellate court where the appeal is first perfected.  Id. at 138. 

            Here, Appellant did not designate the court to which she sought to appeal.  Consequently, the Wood County District Clerk forwarded the notice of appeal to the Sixth Court of Appeals.  Therefore, jurisdiction lies solely in the Sixth Court of Appeals.  See id.  We recognize that Texas Rule of Appellate Procedure 25.1(f) permits an appellant to amend a notice of appeal “to correct a defect or omission in an earlier filed notice.”  We are also mindful that no interference with the “previously attached jurisdiction of another court of co-ordinate power” is permissible under law.  Id.  Because the Sixth Court of Appeals has jurisdiction of this appeal, Appellant cannot invoke the jurisdiction of this Court by amending her notice of appeal.  Accordingly, this appeal is dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

Opinion delivered October 18, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)