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.