in the Interest of E.M.W., M.G.W. and C.E.W. ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00222-CV
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IN THE INTEREST OF E.M.W., M.G.W. AND C.E.W.
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On Appeal from the 258th District Court
San Jacinto County, Texas
Trial Cause No. 12925
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MEMORANDUM OPINION
On April 14, 2015, the trial court signed a Judgment. Appellant filed a notice
of appeal on June 8, 2015, wherein he describes the Judgment as denying parental
termination or child protection. We notified the parties that the appeal would be
dismissed because the notice of appeal was filed too late to perfect an accelerated
appeal. See Tex. R. App. P. 26.1(b). Appellant contends in his Motion to
Reconsider that the trial court’s Judgment denying termination and setting forth
new expanded visitation should not be treated as an accelerated appeal. Appellant
contends he filed a Motion for New Trial on May 5, 2015.
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An appeal in a suit in which termination of the parent-child
relationship is in issue shall be given precedence over other civil cases
and shall be accelerated by the appellate courts. The procedures for an
accelerated appeal under the Texas Rules of Appellate Procedure
apply to an appeal in which the termination of the parent-child
relationship is in issue.
Tex. Fam. Code Ann. § 109.002(a) (West 2014). Appellant argues termination is
not “in issue” in the appeal because his appellate brief will address other rulings,
but according to the record currently before us, termination was at issue in the trial
that resulted in the judgment he has attempted to appeal. We conclude that section
109.002(a) of the Texas Family Code requires that this appeal be accelerated. See
id.; see also In re S.T., No. 01-05-00664-CV, 2006 WL 2506596, at *1 (Tex.
App.—Houston [1st Dist.] Aug. 31, 2006, no pet.) (mem. op.) (accelerated appeal
rules apply to an appeal from an order disposing of a petition for termination of
parental rights). Furthermore, the filing of a motion for new trial or any other post-
trial motion did not extend the time to perfect this accelerated appeal. Tex. R. App.
P. 28.1(b).
To perfect his appeal, Appellant had to file a notice of appeal by May 4,
2015. See Tex. R. App. P. 26.1(b). A notice of appeal filed more than fifteen days
after that date did not invoke this Court’s appellate jurisdiction. Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997); see also Tex. R. App. P. 26.3. We
dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).
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APPEAL DISMISSED.
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LEANNE JOHNSON
Justice
Submitted on July 1, 2015
Opinion Delivered July 2, 2015
Before McKeithen, C.J., Kreger and Johnson, JJ.
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