In the Interest of E.D., a Child v. the State of Texas

Summary

The Court of Appeals for the Second District of Texas dismissed a father's restricted appeal from an order dismissing a case for want of prosecution. Because the father filed his notice of appeal more than six months after the order was signed, the court held that it lacked jurisdiction and dismissed the appeal for want of jurisdiction.

Holdings

1. A party seeking a restricted appeal must file the notice of appeal within six months after the challenged judgment or order is signed, and that deadline is jurisdictional. Because Father filed his notice more than six months after the trial court's order, the court lacked jurisdiction over the restricted appeal.
2. When the appellate court notifies an appellant of a potential jurisdictional defect and the appellant's response does not establish grounds for continuing the appeal, the court may dismiss the appeal for want of jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction over Father's restricted appeal when the notice of appeal was filed more than six months after the trial court signed the challenged order.

Disposition

dismissed