In the Interest of M.H., a Child v. << (2014)

MEMORANDUM OPINION

In a letter dated August 13, 2014, the Court questioned its jurisdiction over this appeal.   Specifically, it appears the notice of appeal is untimely.   We instructed appellant to file a jurisdictional brief explaining how this Court has jurisdiction and gave appellee an opportunity to file a responsive brief.   Appellant filed a jurisdictional brief on August 22, 2014.   Because a portion of appellant's brief was illegible, we gave her an opportunity to file a fully legible brief.   Appellant filed a second brief on September 10, 2014.   This second brief is fully legible.   Appellee did not file a response.

An appeal in a parental termination case is governed by the rules of appellate procedure for accelerated appeals.   See TEX. R. APP. P. 28.4(a)(1).   In an accelerated appeal, the notice of appeal must be filed within twenty days after the date the judgment is signed.   See TEX. R. APP. P. 26.1(b).  Without a timely filed notice of appeal, this Court lacks jurisdiction.   See TEX. R. APP. P. 25.1(b).  This is not a mere technicality because a court that lacks jurisdiction does not have the judicial power to decide the case before it.   In re Allcat Claims Serv., L.P., 356 S.W.3d 455, 474 (Tex.2011).

The trial court signed the decree of termination on June 12, 2014.   Accordingly, the notice of appeal was due by July 2, 2014.   Appellant filed her notice of appeal on August 5, 2014, thirty-four days past the deadline.   Although appellant filed a jurisdictional brief, she failed to address the untimeliness of her notice of appeal.

Because appellant failed to timely file her notice of appeal, this Court lacks jurisdiction over the appeal.   Accordingly, we dismiss the appeal for want of jurisdiction.   See TEX. R. APP. P. 42.3(a).

Opinion by Justice Evans