In the Interest of Z.B. and O.B., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 18, 2024
• Docket: 05-24-01056-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 18, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01056-CV

IN THE INTEREST OF Z.B. AND O.B., CHILDREN

On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-56400-2020

MEMORANDUM OPINION Before Justices Molberg, Breedlove, and Kennedy Opinion by Justice Kennedy Appellant appeals from the trial court’s February 29, 2024 judgment. Because

appellant filed a timely request for findings of fact and conclusions of law, the notice

of appeal was due on May 29, 2024 or, with and extension motion, June 13, 2024.

See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal on September

5, 2024. Due to the untimely notice of appeal, we directed appellant to file a letter

brief explaining how we have jurisdiction over this appeal. 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). In her letter brief, appellant asserts that we have jurisdiction because (1) she

timely filed a motion for new trial on May 3, 2024, (2) the motion was overruled by

operation of law on July 19, 2024, and (3) her notice of appeal was timely because

it was filed within ninety days of July 19. Appellant’s analysis is incorrect. A

motion for new trial was due no later than April 1, 2024. See TEX. R. CIV. P. 329b(a)

(motion for new trial due within thirty days after judgment signed); 4 (if due date

falls on a Saturday, Sunday, or legal holiday, deadline extended to next day which

is not a Saturday, Sunday, or legal holiday). Regardless, the deadline for filing a

notice of appeal runs from the date the final judgment is signed, not from the date a

motion for new trial is overruled. See TEX. R. APP. P. 26.1(a); Bowers v. Bank of

Am., N.A., No. 06-15-00080-CV, 2016 WL 348753, at *1 (Tex. App.—Texarkana

Jan. 28, 2016, no pet.) (mem. op.).

Appellant’s motion for new trial was untimely. As stated above, appellant’s

notice of appeal was due on May 29, 2024. Because she failed to file a timely notice

of appeal, we lack jurisdiction. See Brashear, 302 S.W.3d at 545. We dismiss the

appeal. See TEX. R. APP. P. 42.3(a).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE 241056F.P05

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

IN THE INTEREST OF Z.B. AND On Appeal from the 469th Judicial O.B., CHILDREN District Court, Collin County, Texas Trial Court Cause No. 469-56400- No. 05-24-01056-CV 2020. Opinion delivered by Justice Kennedy. Justices Molberg and Breedlove participating.

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

Judgment entered October 18, 2024

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