in the Interest of T.N. and R.N., Children

Opinion

Dismiss and Opinion Filed February 21, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01437-CV

IN THE INTEREST OF T.N. AND R.N., CHILDREN

On Appeal from the 470th Judicial District Court Collin County, Texas

Trial Court Cause No. 470-57157-2018

MEMORANDUM OPINION

Before Justices Partida-Kipness, Nowell, and Evans Opinion by Justice Partida-Kipness

This appeal challenges the trial court’s August 20, 2019 final decree of divorce. A timely motion for new trial was filed, making the notice of appeal due November 18, 2019 or, with an extension motion, no later than December 3, 2019. See TEX. R. APP. P. 26.1(a), 26.3. The notice of appeal was filed November 20, 2019, within the extension period, but without the required extension motion.

Because the timely filing of a notice of appeal is jurisdictional, we directed appellant to file, no later than January 21, 2020, a motion that reasonably explained the need for the extension. See id. 10.5(b), 26.3; Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g). Although we cautioned appellant that failure to comply could result in dismissal of the appeal without further notice, appellant has not complied. See TEX. R. APP. P. 42.3(a),(c).

We cannot deem a notice of appeal filed within the extension period timely without an extension motion. See TEX. R. APP. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). And, without a timely filed notice of appeal, we lack jurisdiction. See Brashear, 302 S.W.3d at 545. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Robbie Partida-Kipness/

ROBBIE PARTIDA-KIPNESS

JUSTICE

191437F.P05

3

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF T.N. AND R.N., On Appeal from the 470th Judicial District CHILDREN Court, Collin County, Texas Trial Court Cause No. 470-57157-2018.

No. 05-19-01437-CV V Opinion delivered by Justice Partida-

Kipness, Justices Nowell and Evans participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 21st day of February, 2020.