in the Interest of M.T. ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00814-CV
IN THE INTEREST OF M.T.
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-PA-01585
Honorable Fred Shannon, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: December 28, 2012
DISMISSED FOR LACK OF JURISDICTION
Appellant Mother seeks to appeal from an order terminating her parental rights to M.T.
The clerk’s record reflects that on December 8, 2011, the trial court signed an order terminating
Appellant Mother’s parental rights to M.T. The record reflects that in a separate order, also on
December 8, 2011, the trial court terminated Appellant Father’s parental rights to M.T. Thus, the
notice of appeal was due to be filed by December 28, 2011. See TEX. R. APP. P. 26.1(b).
Appellant Mother did not file her notice of appeal until December 4, 2012, almost a year after
the final judgment was signed in this case.
Appellant Mother has filed a motion for leave to file an untimely motion for extension of
time to file a notice of appeal. See TEX. R. APP. P. 10.5(b). However, we have no jurisdiction to
grant such a motion. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the
04-12-00814-CV
predecessor to Rule 26). Therefore, we DENY appellant’s motion for leave to file an untimely
motion for extension of time to file a notice of appeal and DISMISS this appeal for lack of
jurisdiction.
PER CURIAM
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