in the Interest of M.R., a Child ( 2022 )

Dismissed and Opinion Filed July 19, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00521-CV
IN THE INTEREST OF M.R., A CHILD
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-30026-2019
MEMORANDUM OPINION
Before Justices Partida-Kipness, Pedersen, III, and Nowell
Opinion by Justice Partida-Kipness
This is an appeal from an order striking appellant’s petition in intervention in
a child protection case. We questioned our jurisdiction over this appeal because it
appeared to have been untimely filed. See Brashear v. Victoria Gardens of
McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on
reh’g) (timely filing of notice of appeal is jurisdictional). The final judgment was
signed March 22, 2022. Because an appeal in a child protection case is accelerated,
the notice of appeal was due April 11, 2022 or, with an extension motion, April 26,
2022. See TEX. R. APP. P. 26.1(b) (accelerated appeals must be filed within twenty
days of judgment); TEX. R. APP. P. 26.3 (providing for a fifteen-day extension of
time for filing notice of appeal); TEX. R. APP. P. 28.4 (providing that appeals in child
protection cases are accelerated); Smith v. City of Garland, 523 S.W.3d 234, 239
(Tex. App.—Dallas 2017, no pet.) (order striking petition in intervention appealable
upon rendition of final judgment). The notice of appeal, however, was not filed until
April 28, 2022.
We requested jurisdictional briefing from appellant but nothing in appellant’s
letter brief demonstrates the appeal was timely filed. Accordingly, we dismiss the
appeal. See TEX. R. APP. P. 42.3(a).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
220521F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF M.R., A On Appeal from the 417th Judicial
CHILD District Court, Collin County, Texas
Trial Court Cause No. 417-30026-
No. 05-22-00521-CV 2019.
Opinion delivered by Justice Partida-
Kipness, Justices Pedersen, III and
Nowell participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered July 19, 2022.
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