in the Interest of C.E.B., a Child

In the Interest of CEB a Child






IN THE

TENTH COURT OF APPEALS


No. 10-02-194-CV


IN THE INTEREST OF C.E.B., A CHILD



From the 361st District Court

Brazos County, Texas

Trial Court # 7942-361

                                                                                                                                                                                                                          

MEMORANDUM OPINION

                                                                                                                

      The court signed a decree on March 27, 2002 terminating the parental rights of Robert and Virginia Brown with respect to their daughter C.E.B. Virginia filed a motion for new trial on April 24. She filed a notice of appeal on June 7.

      The filing of a motion for new trial ordinarily extends the deadline for filing a notice of appeal. Tex. R. App. P. 26.1(a)(1). However, section 263.405(c) of the Family Code provides that a motion for new trial does not extend the time for filing the notice of appeal in a termination of parental rights suit instituted by the Department of Protective and Regulatory Services. Tex. Fam. Code. Ann. § 263.405(c) (Vernon Supp. 2002); see also Tex. R. App. P. 28.1 (motion for new trial does not extend deadline for notice of appeal in accelerated appeal). Thus, Virginia’s notice of appeal is untimely. Tex. R. App. P. 26.1(b).

      We notified Virginia’s counsel by letter dated September 13, 2002 that this appeal would be dismissed for want of jurisdiction if counsel failed to file a response within ten days showing grounds for continuing the appeal. Id. 42.3(a), 44.3. Counsel concedes in his response that the appeal is untimely but asks that we consider this appeal in the interests of justice. However, Rule of Appellate Procedure 2 expressly prohibits this Court from disregarding the appellate rules in a manner which would “alter the time for perfecting an appeal in a civil case.” Id. 2. Accordingly, we dismiss the appeal for want of jurisdiction.


                                                                         PER CURIAM


Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed October 30, 2002

Do not publish

[CV06]