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Opinion filed November 30, 2006
In The
Eleventh Court of Appeals
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No. 11-05-00321-CV
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IN THE INTEREST OF C.C.R., A CHILD
On Appeal from the 326th District Court
Taylor County, Texas
Trial Court Cause No. 06007-CX
M E M O R A N D U M O P I N I O N
This is an appeal from the trial court=s orders terminating Christopher Clarence Rhynes=s parental rights and allowing the maternal grandparents to adopt the child. We dismiss the appeal.
Less than a month after the death of the child=s mother, R. J. and Laretha Anderson Bryan filed a petition seeking the termination of Rhynes=s parental rights and the adoption of the child. The child and his mother had lived with the Bryans for the year and a half before the mother=s death. During this time, Rhynes began serving a sentence of eighteen years and six months for manslaughter.
On July 27, 2005, the trial court signed the orders terminating Rhynes=s parental rights and allowing the Bryans= adoption of the child. Pursuant to Tex. Fam. Code Ann. ' 109.002 (Vernon 2002), this is an accelerated appeal, and the provisions of Tex. R. App. P. 26.1(b) apply. Therefore, Rhynes=s notice of appeal was due to be filed on or before August 16, 2005, twenty days after the orders were signed. In order to extend the time for perfecting an appeal, the notice of appeal and a motion were due to be filed on or before August 31, 2005. Tex. R. App. P. 26.3. While Rhynes filed a motion for new trial, Rule 26.1(b) does not provide that the timely filing of a motion for new trial extends the time for perfecting an accelerated appeal. Rhynes filed his notice of appeal on September 23, 2005, fifty-eight days after the orders were signed.
The Bryans argue that Rhynes failed to invoke the jurisdiction of this court by failing to timely perfect this appeal. We agree. In re T.L.S., 143 S.W.3d 284, 290 (Tex. App.CWaco 2004, no pet.).
The appeal is dismissed for want of jurisdiction.
PER CURIAM
November 30, 2006
Panel consists of: McCall, J.,
Strange, J., and McCloud, S.J.[1]
[1]Austin McCloud, Retired Chief Justice, Court of Appeals, 11th District of Texas at Eastland sitting by assignment.