in the Interest of A.W., a Child ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-22-00314-CV
___________________________
IN THE INTEREST OF A.W., A CHILD
On Appeal from the 325th District Court
Tarrant County, Texas
Trial Court No. 325-679062-20
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
In a prior appeal, Appellant C.W. (Father) appealed the termination of his
parental rights to his daughter, Amanda, and Amanda’s mother (Mother) likewise
appealed the termination of her parental rights.1 See In re A.W., No. 02-21-00058-CV,
2021 WL 3204955, at *1 (Tex. App.—Fort Worth July 29, 2021, pet. denied) (mem.
op.). In our previous opinion, we deleted a finding that Mother’s parental rights
should be terminated based on Subsection (R) of Section 161.001(b)(1) of the Texas
Family Code, and we affirmed the trial court’s judgment as modified. Id. at *15; see
Tex. Fam. Code Ann. § 161.001(b)(1)(R). Our mandate in that appeal issued on
December 17, 2021.
After our mandate issued, Father, appearing pro se, went back to the trial court
that had terminated his parental rights and filed the following two motions in the
same cause number as his termination case: (1) “Motion Requesting Production of
Documents” and (2) “Motion for Leave to Proceed in Forma Pauperis” pertaining to
his ability to proceed on his “Motion Requesting Production of Documents.” On
April 11, 2022, the trial court signed written orders denying both of Father’s motions.
1
We use aliases to refer to the child and her parents. See Tex. Fam. Code Ann.
§ 109.002(d); Tex. R. App. P. 9.8(b)(2).
2
On August 9, 2022, Father filed his notice of appeal complaining about the trial
court’s April 11, 2022 orders denying his two motions.2
On August 19, 2022, we notified Father of our concern that we lack
jurisdiction over this appeal because the orders he appeals from did not appear to be
final judgments or appealable interlocutory orders. We also notified Father of our
concern that we lack jurisdiction over this appeal because his notice of appeal was
untimely filed. See Tex. R. App. P. 26.1. We informed Father that unless he or any
party desiring to continue the appeal filed a response by August 29, 2022, showing
grounds for continuing the appeal, we could dismiss it for want of jurisdiction. See
Tex. R. App. P. 42.3(a), 44.3. We have received no response.3
Generally, appeals may be taken only from final judgments or interlocutory
orders that are authorized by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195,
200 (Tex. 2001). Here, Father attempts to appeal two orders that were entered in the
trial court after a final judgment had been entered and after our mandate had issued.
While filed on August 9, 2022, Father’s notice of appeal was dated July 31,
2
2022.
After we sent our jurisdiction letter, we received correspondence from Father
3
that was dated August 9, 2022—ten days before we sent our jurisdiction letter. That
correspondence had a certificate of service stating that it was mailed to our court on
August 16, 2022—three days before we sent our jurisdiction letter—in addition to
containing other documents dated August 16, 2022. That correspondence does not
address our jurisdictional concerns.
3
Father has pointed us to no authority for the proposition that the two orders from
which he attempts to appeal are appealable, and we have found none.
Moreover, even if the trial court’s denials of Father’s motions were appealable,
Father’s notice of appeal was untimely. “[T]he time for filing a notice of appeal is
jurisdictional in this court, and absent a timely-filed notice of appeal[,] . . . we must
dismiss the appeal.” In re Guardianship of Fulbright, No. 02-16-00230-CV, 2016 WL
4395804, at *1 (Tex. App.—Fort Worth Aug. 18, 2016, no pet.) (per curiam) (mem.
op.); see Tex. R. App. P. 25.1(b); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
Generally, a notice of appeal must be filed within thirty days after the appealable
judgment or order is signed, unless the appellant files a qualifying post-judgment
motion to extend the deadline. Tex. R. App. P. 26.1. Here, the complained-of orders
were signed on April 11, 2022. Because no post-judgment motion was filed to extend
the appellate deadline, to the extent that the orders were appealable, Father’s notice of
appeal was due May 11, 2022, but Father did not file his notice of appeal until
August 9, 2022. See id. Accordingly, we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Dana Womack
Dana Womack
Justice
Delivered: October 6, 2022
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