In the Interest of Baby Boy P, aka J.C.P., a Child

In re Baby Boy P · Court of Appeals of Texas, Fifth District at Dallas · January 17, 2013 · No. 05-12-00723-CV

Summary

The Texas Court of Appeals for the Fifth District dismissed an appeal from a final decree terminating parental rights because the notice of appeal was filed after the applicable deadline for an accelerated appeal. The court granted the appellees’ motion to dismiss for want of jurisdiction and ordered that they recover any appellate costs from the appellant.

Holdings

  1. Because the notice of appeal from the parental-termination decree was untimely, it did not invoke the court of appeals' jurisdiction.
  2. The court granted appellees' motion and dismissed the appeal for want of jurisdiction.

Questions Presented

  1. Whether the court of appeals had jurisdiction over an appeal from the termination decree when the notice of appeal was filed after the applicable accelerated-appeal deadline.
  2. Whether the appeal should be dismissed for want of jurisdiction.

Disposition

dismissed

Cases Cited (2)

  • Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)(followed)
  • Garza v. Hibernia National Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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