In the Interest of B.L.B., et al.

No. 04-15-00485-CV · Court of Appeals of Texas, Fourth District, San Antonio · September 30, 2015 · No. 04-15-00485-CV

Summary

The Texas Fourth Court of Appeals dismissed an appeal from an order terminating parental rights for want of jurisdiction. The appellant filed the notice of appeal after the deadline for an accelerated appeal and after the expiration of the applicable extension period.

Holdings

  1. A notice of appeal from a final order terminating parental rights must be filed within twenty days after the judgment is signed, and a motion for extension must be filed within the additional fifteen-day grace period. Once that period expires, an untimely notice of appeal does not invoke the appellate court's jurisdiction.
  2. Appellant's assertion that he did not know the appeal was accelerated did not cure the jurisdictional defect caused by his untimely notice of appeal.

Questions Presented

  1. Whether the court of appeals had jurisdiction over an accelerated appeal when the notice of appeal was filed after the deadline and after expiration of the period for seeking an extension.
  2. Whether appellant's lack of knowledge that the appeal was accelerated excused the untimely notice of appeal.

Disposition

dismissed

Cases Cited (1)

  • Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)(followed)

Cited In (0)

No citing cases on record yet.

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