IN RE: BABY GIRL S. (2011)

MEMORANDUM OPINION

The Court has before it appellee's June 15, 2011 motion to dismiss appeal for lack of jurisdiction and appellant's June 23, 2011 response to that motion.

To invoke this Court's jurisdiction, a party must file a timely notice of appeal.   See Tex.R.App. P. 25.1(b).  A notice of appeal must normally be filed within thirty days of the date of judgment if no motion for new trial is filed or within ninety days of the date of judgment if a motion for new trial is filed.   See Tex.R.App. P. 26.1. However, this case is an appeal of a termination of parental rights.   Such appeals are accelerated by statute, Tex. Fam.Code Ann. § 109.002(a) (West 2008), and the notice of appeal must therefore be filed within twenty days after the judgment or order is signed, Tex.R.App. P. 26.1(b).  “Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not extend the time to perfect an accelerated appeal.”  Tex.R.App. P. 28.1(b).

The judgment being appealed was signed on April 9, 2010.   Appellant's notice of appeal was due no later than April 29, 2010.   Appellant filed his notice of appeal on December 10, 2010, more than seven months past its due date.   Appellant claims he is not appealing the judgment, but rather the denial of his motion for new trial on December 9, 2010.   However, the filing of the motion for new trial did not serve to extend the time by which appellant was required to file his notice of appeal and cannot be the basis for the late notice of appeal.

The notice of appeal failed to invoke this Court's jurisdiction because it was untimely filed.   Accordingly, we GRANT the motion to dismiss and DISMISS this appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a).

101579F.P05

PER CURIAM