In the Matter of A. L.C. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 26, 2023
• Docket: 01-23-00320-CV
• Status: Published

Opinion

Opinion issued October 26, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00320-CV ——————————— IN THE MATTER OF A.L.C., A Juvenile

On Appeal from the 315th District Court Harris County, Texas Trial Court Case No. 2020-01085J

MEMORANDUM OPINION

The trial court entered a judgment on March 2, 2023, finding that appellant

A.L.C., a juvenile, engaged in delinquent conduct. No post-judgment motions were

filed. A.L.C. filed a motion for extension of time to appeal on April 19, 2023, and a

notice of appeal on April 27, 2023, attempting to appeal the final judgment. Because

the appeal is untimely, we dismiss it. Generally, a notice of appeal is due within 30 days after the final judgment is

signed. See TEX. R. APP. P. 26.1; see also TEX. FAM. CODE § 56.01(b) (requirements

governing appeal from juvenile court order “are as in civil cases generally”). The

notice-of-appeal deadline may be extended if the party files a notice of appeal in the

trial court and a motion for extension of time in the court of appeals within 15 days

after the filing deadline for a notice of appeal. See TEX. R. APP. P. 26.3. The deadline

may also be extended to 90 days after the date the judgment is signed if, within 30

days after the judgment is signed, any party timely files a motion for new trial,

motion to modify the judgment, motion to reinstate, or, under certain circumstances,

a request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a);

TEX. R. CIV. P. 329b.

Here, appellant’s motion for extension of time was untimely and so was his

notice of appeal. Appellant’s judgment was signed on March 2, 2023, making his

notice of appeal due by April 3, 2023.1 Appellant filed his motion for extension of

time on April 19, 2023, which is 16 days after his deadline to appeal and outside of

the 15-day window provided by Rule 26.3. See TEX. R. APP. P. 26.3. Appellant’s

notice of appeal was filed on April 27, 2023, which is 24 days after it was due. See

1 Thirty days after the final judgment would be April 1, 2023, a Saturday so the deadline became April 3, 2023. See TEX. R. APP. P. 4.1(a) (“The last day of the period is included, but if that day is a Saturday, Sunday, or legal holiday, the period extends to the end of the next day that is not a Saturday, Sunday, or legal holiday.”).

2 TEX. R. APP. P. 26.1, 26.3. Absent a timely filed notice of appeal, our Court lacks

jurisdiction over this appeal. See TEX. R. APP. P. 25.1(b); Jarrell v. Bergdorf, 580

S.W.3d 463, 466 (Tex. App.—Houston [14th Dist.] 2019, no pet.).

On October 12, 2023, our Court notified appellant that his appeal was subject

to dismissal. See TEX. R. APP. P. 42.3(a) (requiring 10 days’ notice to all parties

before dismissing for lack of jurisdiction). Appellant responded, acknowledging the

notice of appeal was untimely.2

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.

P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris.

2 Appellant’s appointed counsel also filed an Anders brief, stating that, in his professional opinion, there are no non-frivolous issues to assert because the untimely notice of appeal deprives the Court of jurisdiction. See Anders v. California, 386 U.S. 738, 744 (1967). 3