In the Interest of B.F. v. the State of Texas

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-23-00022-CV
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IN THE INTEREST OF B.F.
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On Appeal from the 317th District Court
Jefferson County, Texas
Trial Cause No. C-234,240
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MEMORANDUM OPINION
On January 26, 2023, T.F. filed a notice of appeal in Trial Court Cause
Number C-234,240. We questioned whether we had jurisdiction over the appeal, and
we warned the appellant that we would dismiss the appeal for lack of jurisdiction
unless she filed a response showing grounds for continuing the appeal.
Subsequently, T.F. failed to file a response.1 We find that when T.F. filed the
notice of appeal, she could not effectively invoke this Court’s appellate jurisdiction
1Itis not clear what order, if any, T.F. wished to appeal. We have addressed
appeals arising from Trial Court Cause Number C-234,240 on two prior occasions.
In 2020, we affirmed an order terminating T.F.’s parental rights to her minor child,
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over Trial Court Cause Number C-234,240.2 Additionally, the appellant failed to
comply with the notice from the Clerk which required her to file a response to the
notice the Court sent to her by February 21 sufficient to show the grounds that
justified continuing her appeal. 3
T.F. failed to file a timely notice of appeal and failed to comply with the notice
from the Clerk. Accordingly, the appeal is dismissed.4
APPEAL DISMISSED.
PER CURIAM
Submitted on March 29, 2023
Opinion Delivered March 30, 2023
Before Horton, Johnson and Wright, JJ.
B.F. See In re B.F., No. 09-20-00154-CV, 2020 WL 66600961 (Tex. App.—
Beaumont Nov. 12, 2020, no pet.). In 2022 we dismissed T.F.’s attempted appeal
from an order dismissing Trial Court Cause Number C-234,240. See In re B.F., No.
09-22-00220-CV, 2022 WL 3651990 (Tex. App.—Beaumont Aug. 25, 2022, no
pet.). The notice of appeal T.F. filed in 2023 did not identify an order from which
her notice of appeal would have been timely, and it did not identify an order from
which she would have had standing to appeal since the trial court had previously
signed an order terminating her parental rights.
2See Tex. R. App. P. 26.1; see also id. 42.3(a).
3See id. 42.3(c).
4See id. 42.3(a), (c), 43.2(f).
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