In the Interest of S.G. and H.G., Children v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-24-00100-CV
___________________________
IN THE INTEREST OF S.G. AND H.G., CHILDREN
On Appeal from the 231st District Court
Tarrant County, Texas
Trial Court No. 231-554711-14
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Father,1 pro se, attempts to appeal from the trial court’s order
terminating his parental rights to S.G. and H.G. The trial court signed the termination
order on January 17, 2024; thus, Father’s notice of appeal was due on February 6,
2024. See Tex. Fam. Code Ann. § 263.405(a) (stating appeals from final termination
orders are accelerated); Tex. R. App. P. 26.1(b) (requiring notice of appeal in
accelerated case to be filed within 20 days after judgment or order is signed). Father
did not file his notice of appeal until February 27, 2024.
On March 1, 2024, we notified Father by letter of our concern that we lack
jurisdiction over this appeal because the notice of appeal was untimely filed. See Tex.
R. App. P. 26.1(b). We warned Father that we could dismiss this appeal for want of
jurisdiction unless, by March 11, 2024, we received a response showing grounds for
continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. We have not received a
response.
The time for filing a notice of appeal is jurisdictional in this court, and absent a
timely filed notice of appeal or extension request, 2 we must dismiss the appeal. See
We use an alias to identify Father. See Tex. Fam. Code Ann. § 109.002(d); Tex.
1
R. App. P. 9.8(b)(2).
2
The appellate rules allow us to extend the time for filing a notice of appeal, but
any such motion for extension must be filed within 15 days after the notice-of-appeal
deadline. Tex. R. App. P. 26.3; see Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex.
1998) (citing former Rule 41(a)(2) and holding motion for extension may be implied
when an appellant acting in good faith files a notice of appeal beyond the time
2
Tex. R. App. P. 2, 25.1(b), 26.3; Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617.
Because Father’s notice of appeal was untimely, we dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); In re K.A.F., 160 S.W.3d 923, 924, 928
(Tex. 2005); In re N.J., No. 02-22-00392-CV, 2022 WL 17037425, at *2 (Tex. App.—
Fort Worth Nov. 17, 2022, no pet.) (mem. op.).
Per Curiam
Delivered: April 11, 2024
allowed by the appellate rules but within the 15-day period in which appellant would
be entitled to move to extend filing deadline); Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997) (similar). Here, no motion for extension was filed, and Father filed his
notice of appeal after the 15-day extension period.
3