in the Interest of L. S. B. and K. H., Children

Chief Justice Clerk James T. Worthen Cathy S.Lusk Twelfth Court of Appeals Justices Chief Staff Attorney Sam Griffith Margaret Hussey Diane DeVasto August 18,2004 Mr. James W. Volberding Ms. Tiffani A. Wickel One American Center Assistant District Attorney 909 ESE Loop 323 100 North Broadway Suite 700 4th Floor Tyler, TX 75701 Tyler, TX 75702 RE: Case Number: 12-04-00251-CV Trial Court Case Number: 02-3596-D Style: In the Interest of L. S. B. and K. H., children Enclosed is a copy of the Memorandum Opinion issued this date in the above styled and numbered cause. Also enclosed is a copy of the court's judgment. Very truly yours, CATHY S. LUSK, CLERK By: KdjUJIA, Mi Katrina McClenny, Chief Depirft Clerk CC: Hon. Carole W. Clark Hon. John Ovard Ms. Lois Rogers 1517 West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax: 903-593-2193 Serving Anderson, Cherokee, Gregg, Henderson, Hopkins, Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San Augustine, Shelby, Smith Upshur, Van Zandt and Wood Counties www.12thcoa.courts.state.tx.us NO. 12-04-00251-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS § APPEAL FROM THE 321ST IN THE INTEREST OF L.S.B. AND K.H., CHILDREN § JUDICIAL DISTRICT COURT OF § SMITH COUNTY, TEXAS MEMORANDUM OPINION This is an accelerated appeal from an order of termination signed on June 14, 2004. See Tex. Fam. Code Ann. § 263.405(a) (Vernon 2002) (appeal of final order rendered under Texas Family Code SubchapterE is accelerated). Consequently, the notice of appeal must be filed within 15 days of thedate of theorder. Tex. Fam.Code Ann. § 263.405(b). Here, thenotice of appeal was due to have been filed on June 29, 2004. However, the notice of appeal was not filed until July 13, 2004. On August 5, 2004, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure42.3(a) that her notice of appeal was untimely. Appellant was further notified that unless the information furnished in the appeal was amended on or before August 16, 2004 to establish the jurisdiction of this Court, the appeal would be dismissed. On August 9, 2004, Appellant responded to this Court's dismissal notice by forwarding a copy of her notice of appeal. However, she furnished no information that would establish this Court's jurisdiction. Because this Court is not authorized to extend the time for perfecting an appeal except as provided byTexas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Opinion delivered August 18, 2004. Panel consisted ofWorthen, C.J., Griffith, J., and DeVasto, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT AUGUST 18,2004 NO. 12-04-00251-CV IN THE INTEREST OF L.S.B. AND K.H., CHILDREN Appeal from the 321st Judicial District Court of Smith County, Texas. (Tr.Ct.No.02-35956-D) THIS CAUSE came to be heard on the appellate record; and the same being inspected, it is this Court's opinion thatit is without jurisdiction overthe appeal, andthatthe appeal should be dismissed. It is thereforeORDERED, ADJUDGED andDECREEDby the court that this appeal be, and the same is, hereby DISMISSED FOR WANTOFJURISDICTION, and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.