In the Interest of Z.B. and O.B., Children v. the State of Texas ( 2024 )

DISMISS and Opinion Filed October 18, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01056-CV
IN THE INTEREST OF Z.B. AND O.B., CHILDREN
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-56400-2020
MEMORANDUM OPINION
Before Justices Molberg, Breedlove, and Kennedy
Opinion by Justice Kennedy
Appellant appeals from the trial court’s February 29, 2024 judgment. Because
appellant filed a timely request for findings of fact and conclusions of law, the notice
of appeal was due on May 29, 2024 or, with and extension motion, June 13, 2024.
See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal on September
5, 2024. Due to the untimely notice of appeal, we directed appellant to file a letter
brief explaining how we have jurisdiction over this appeal. 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).
In her letter brief, appellant asserts that we have jurisdiction because (1) she
timely filed a motion for new trial on May 3, 2024, (2) the motion was overruled by
operation of law on July 19, 2024, and (3) her notice of appeal was timely because
it was filed within ninety days of July 19. Appellant’s analysis is incorrect. A
motion for new trial was due no later than April 1, 2024. See TEX. R. CIV. P. 329b(a)
(motion for new trial due within thirty days after judgment signed); 4 (if due date
falls on a Saturday, Sunday, or legal holiday, deadline extended to next day which
is not a Saturday, Sunday, or legal holiday). Regardless, the deadline for filing a
notice of appeal runs from the date the final judgment is signed, not from the date a
motion for new trial is overruled. See TEX. R. APP. P. 26.1(a); Bowers v. Bank of
Am., N.A., No. 06-15-00080-CV, 2016 WL 348753, at *1 (Tex. App.—Texarkana
Jan. 28, 2016, no pet.) (mem. op.).
Appellant’s motion for new trial was untimely. As stated above, appellant’s
notice of appeal was due on May 29, 2024. Because she failed to file a timely notice
of appeal, we lack jurisdiction. See Brashear, 302 S.W.3d at 545. We dismiss the
appeal. See TEX. R. APP. P. 42.3(a).
/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
241056F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF Z.B. AND On Appeal from the 469th Judicial
O.B., CHILDREN District Court, Collin County, Texas
Trial Court Cause No. 469-56400-
No. 05-24-01056-CV 2020.
Opinion delivered by Justice
Kennedy. Justices Molberg and
Breedlove participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered October 18, 2024
–3–