In the Interest of K.F.T., a Child v. the State of Texas ( 2024 )

DISMISS and Opinion Filed May 17, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00034-CV
IN THE INTEREST OF K.F.T., A CHILD
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-50796-2017
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Carlyle
Opinion by Chief Justice Burns
Appellant appeals the trial court’s August 17, 2023 order in this suit to
modify the parent-child relationship. Appellant filed a timely motion for new trial.
Accordingly, the notice of appeal was due within ninety days of the date of
judgment or November 15, 2023. See TEX. R. APP. P. 26.1(a). Appellant filed a
notice of appeal on January 5, 2024.
Because the timely filing of a notice of appeal is jurisdictional, we directed
appellant to file a letter brief addressing the jurisdictional issue. 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 jurisdictional).
Although appellant filed a letter brief, she addresses the merits of the appeal, but
does not address our jurisdictional concern.
Because the notice of appeal was untimely filed, we dismiss the appeal for
want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
240034F.P05 CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF K.F.T., A On Appeal from the 401st Judicial
CHILD District Court, Collin County, Texas
Trial Court Cause No. 401-50796-
No. 05-24-00034-CV 2017.
Opinion delivered by Chief Justice
Burns. Justices Molberg and Carlyle
participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 17, 2024
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