In the Interest of D.W., D.B., and J.B., Children v. the State of Texas

Summary

The Court of Appeals for the Second District of Texas dismissed the appeal for want of jurisdiction because the mother's notice of appeal from a final order in a suit affecting the parent-child relationship was untimely. The court noted that the notice was filed well after the accelerated-appeal deadline and that the mother did not respond to the court's jurisdictional warning.

Holdings

1. Because the appeal from the final order in the suit affecting the parent-child relationship was accelerated, Mother was required to file her notice of appeal within twenty days after the order was signed. Her notice, filed months late without an extension request, was untimely and did not invoke the court's jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction when Mother filed her notice of appeal after the twenty-day deadline applicable to an accelerated appeal.
2. Whether the appeal should be dismissed for want of jurisdiction because Mother neither timely filed her notice of appeal nor requested an extension.

Disposition

dismissed