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In the Interest of G.H., a Child v. the State of Texas ( 2024 )


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  • DISMISS and Opinion Filed October 10, 2024
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-24-00832-CV
    IN THE INTEREST OF G.H., A CHILD
    On Appeal from the 199th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 199-30001-2023
    MEMORANDUM OPINION
    Before Justices Smith, Miskel, and Breedlove
    Opinion by Justice Miskel
    Appellants appeal from the trial court’s May 21, 2024 judgment terminating
    their parental rights. Father filed a motion for new trial on May 30 and Mother filed
    a motion for new trial on June 4. However, appellants delayed filing their notices of
    appeal until after the trial court conducted a motion for new trial hearing. Father
    filed a notice of appeal on July 11 and Mother filed a notice of appeal on July 15.
    Because the notices of appeal were untimely, we questioned our jurisdiction and
    requested the parties to file letter briefs addressing our concern.
    Appeals in parental termination cases are accelerated. See TEX. R. APP. P.
    28.4(a)(1). In an accelerated appeal, the notice of appeal is due within twenty days
    of the date of judgment or, with an extension motion, within fifteen days of the
    deadline. See id. 26.1(b), 26.3. Filing a post-judgment motion or request for
    findings of fact does not extend the time to perfect an accelerated appeal. See id.
    28.1(b).
    In their separate letter briefs, appellants admit the notices of appeal were
    untimely.      Mother asserts that her counsel was not served with the proposed
    judgment before it was signed. See TEX. R. CIV. P. 21(a) (requiring service on all
    parties of application for an order). In his letter brief,1 Father asserts that we “should
    invoke jurisdiction and not penalize the parents due to the ineffective assistance of
    counsel” for failing to file timely notices of appeal. Father also asserts that we
    should construe his notice of appeal as a petition for writ of mandamus and address
    whether the trial court’s judgment is void for lack of subject matter jurisdiction
    because it was signed more than ninety days after the trial commenced.2 See TEX.
    FAM. CODE ANN. § 263.4011(a) (providing trial court shall render a final order
    within ninety days after date trial commences). Without a timely filed notice of
    appeal, however, we lack jurisdiction to address the merits of appellants’ arguments,
    1
    The trial court signed an order appointing appellate counsel for Father on July 24, 2024, after the deadline
    for filing a notice of appeal.
    2
    We have held that the failure of the trial court to rule within the ninety-day period does not deprive it of
    jurisdiction. See Int. of G.L.J., No. 05-23-01296-CV, 
    2024 WL 2513311
    , at *6 (Tex. App.—Dallas May
    24, 2024, no pet.) (mem. op.).
    –2–
    including the ineffective assistance of counsel claim. See In re R.B.M., 
    338 S.W.3d 755
    , 757-58 (Tex. App.—Houston [14th Dist.] 2011, no pet.).
    Appellants’ notices of appeal were due June 10, 2024 or, with an extension
    motion, June 25, 2024. See id. 26.1(b), 26.3. The notices of appeal filed on July 11
    and July 15 are untimely.      Accordingly, we dismiss the appeal for want of
    jurisdiction. See TEX. R. APP. P. 42.3(a).
    /Emily Miskel/
    EMILY MISKEL
    240832f.p05                                  JUSTICE
    –3–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF G.H., A                   On Appeal from the 199th Judicial
    CHILD                                        District Court, Collin County, Texas
    Trial Court Cause No. 199-30001-
    No. 05-24-00832-CV                           2023.
    Opinion delivered by Justice Miskel.
    Justices Smith and Breedlove
    participating.
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    Judgment entered this 10th day of October, 2024.
    –4–
    

Document Info

Docket Number: 05-24-00832-CV

Filed Date: 10/10/2024

Precedential Status: Precedential

Modified Date: 10/16/2024