Roberto Juarez Salinas v. Texas Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: June 17, 2011
• Docket: 03-11-00263-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-11-00263-CV

Roberto Juarez Salinas, Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. D-1-FM-08-002253, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Roberto Juarez Salinas appeals a decree terminating his parental rights. The decree was signed on October 30, 2009, and the notice of appeal was due November 19, 2009. See Tex. R. App. P. 26.1(b) (notice of appeal in accelerated appeal must be filed within 20 days of date of judgment). Salinas did not file his notice of appeal until April 8, 2011. While Salinas requests leave to file an out-of-time appeal, this Court does not have the authority to alter the time for perfecting an appeal in a civil case. See Tex. R. App. P. 2; see also Tex. Fam. Code Ann. § 161.211(a) (West 2008) (order terminating parental rights is immune from direct or collateral attack after sixth month after date order was signed). Because the notice of appeal was not timely filed, this Court lacks jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.

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Diane M. Henson, Justice

Before Chief Justice Jones, Justices Henson and Goodwin

Dismissed for Want of Jurisdiction

Filed: June 17, 2011