In the Interest of T.B., T.B., and M.B., Children v. << (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant K.P. attempts to appeal from the trial court's judgment signed on June 10, 2010.   Appellant K.B. timely filed a notice of appeal in this case on June 24, 2010.   See Tex.R.App. P. 26.1(b), 28.1(a);  Tex. Fam.Code Ann. § 263.405(a) (Vernon 2008).   Therefore, the notice of appeal for K.P. was due July 8, 2010, but was not filed until September 17, 2010.²  See Tex.R.App. P. 26.1(d).  K.P. filed a “Motion to Extend Time to File Notice of Appeal,” but it was not filed until September 17, 2010, more than fifteen days after the July 8, 2010 deadline for filing the notice of appeal.   See Tex.R.App. P. 26.3.

On October 1, 2010, we notified K.P. of our concern that the court may not have jurisdiction over her appeal because the notice of appeal was not timely filed.   We informed K.P. that the appeal was subject to dismissal for want of jurisdiction unless she or any party desiring to continue the appeal filed a response on or before October 11, 2010, showing grounds for continuing the appeal.   We have not received a response.

The times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of appeal or extension request, we must dismiss the appeal.   See Tex.R.App. P. 2, 25.1(b);  Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997).   Accordingly, we deny K.P.'s “Motion to Extend Time to File Notice of Appeal” and dismiss K.P.'s appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a);  43.2(f).

PANEL:  MEIER, J.;   LIVINGSTON, C.J.;   and GABRIEL, J.

DELIVERED:  December 2, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

FN2. K.P.'s motion for new trial did not operate to extend the deadline for filing the notice of appeal.   See Tex. Fam.Code Ann. § 263.405(c);  see also Tex.R.App. P. 28.1(b)..  FN2. K.P.'s motion for new trial did not operate to extend the deadline for filing the notice of appeal.   See Tex. Fam.Code Ann. § 263.405(c);  see also Tex.R.App. P. 28.1(b).