in the Interst of A.L.B., a Minor Child

Court of Appeals of Texas

in the Interst of A.L.B., a Minor Child

56 S.W.3d 651, 2001 Tex. App. LEXIS 5511

CourtCourt of Appeals of Texas

DecidedAugust 15, 2001

Docket10-01-00198-CV

StatusPublished

Cited by56 cases

This text of 56 S.W.3d 651 (in the Interst of A.L.B., a Minor 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.

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in the Interst of A.L.B., a Minor Child, 56 S.W.3d 651, 2001 Tex. App. LEXIS 5511 (Tex. Ct. App. 2001).

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Opinion

MEMORANDUM OPINION

PER CURIAM.

Sena Maffet appeals from an order terminating her parental rights. The notice of appeal was filed by Maffet in this Court on June 26, 2001. The notice is dated June 20. Maffet states in the notice that she seeks to appeal a judgment signed on March 6, 2001. She gives no explanation for the untimeliness of the notice of appeal. We dismiss the appeal for want of jurisdiction.

According to the Rules of Appellate Procedure, a notice of appeal for a civil case must be filed within 90 days after the judgment is signed if a motion for new trial or request for findings of fact and conclusions of law is timely-filed. Tex. R.App. P. 26.1(a). It appears that Maffet requested findings and conclusions. Thus, her notice of appeal was due by June 4. We sent notice to Maffet that her notice of appeal appeared to be untimely and requested a response showing grounds for continuing the appeal. Maffet did not respond to our request.

A notice of appeal which complies with the requirements of Rule 26 is essential to vest a court of appeals with jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex.1997) (construing the predecessor to Rule 26); McCaskell v. The Methodist Hosp., 856 S.W.2d 519, 521 (Tex.App.—Houston [1st Dist.] 1993, no writ); see also Fowler v. State, 16 S.W.3d 426, 428 (Tex.App.—Waco 2000, pet. filed) (citing Slaton v. State, 981 S.W.2d 208, 209 (Tex.Crim.App.1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App.1996)). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. Id.

Maffet’s notice of appeal was untimely. Accordingly, we do not have jurisdiction over this appeal and dismiss it for want of jurisdiction.

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MEMORANDUM OPINION

PER CURIAM.

Sena Maffet appeals from an order terminating her parental rights. The notice of appeal was filed by Maffet in this Court on June 26, 2001. The notice is dated June 20. Maffet states in the notice that she seeks to appeal a judgment signed on March 6, 2001. She gives no explanation for the untimeliness of the notice of appeal. We dismiss the appeal for want of jurisdiction.

According to the Rules of Appellate Procedure, a notice of appeal for a civil case must be filed within 90 days after the judgment is signed if a motion for new trial or request for findings of fact and conclusions of law is timely-filed. Tex. R.App. P. 26.1(a). It appears that Maffet requested findings and conclusions. Thus, her notice of appeal was due by June 4. We sent notice to Maffet that her notice of appeal appeared to be untimely and requested a response showing grounds for continuing the appeal. Maffet did not respond to our request.

A notice of appeal which complies with the requirements of Rule 26 is essential to vest a court of appeals with jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex.1997) (construing the predecessor to Rule 26); McCaskell v. The Methodist Hosp., 856 S.W.2d 519, 521 (Tex.App.—Houston [1st Dist.] 1993, no writ); see also Fowler v. State, 16 S.W.3d 426, 428 (Tex.App.—Waco 2000, pet. filed) (citing Slaton v. State, 981 S.W.2d 208, 209 (Tex.Crim.App.1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App.1996)). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. Id.

Maffet’s notice of appeal was untimely. Accordingly, we do not have jurisdiction over this appeal and dismiss it for want of jurisdiction.

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