NUMBER 13-07-542-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN THE INTEREST OF J.R.R., AND J.T., MINOR CHILDREN
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On appeal from the County Court at Law No. 5
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, Luis Tilley, seeks to appeal a judgment signed on May 29, 2007, terminating his parental rights. Appellant filed a motion for new trial in this Court and a motion for appointment of counsel in which he indicated he was indigent. The Court dismissed the motion for new trial for want of jurisdiction and abated the matter to the trial court for consideration of appellant's request for appointment of counsel.
We have now received and reviewed the trial court's findings on this issue. We would note that the trial court appointed counsel for the purposes of the required hearing. The trial court found that appellant had multiple opportunities to request that an attorney be appointed to represent him in this matter, but failed to make such a request until "long" after the judgment was signed. The trial court further found that the appeal was frivolous. Based on the foregoing, we deny appellant's request for appointment of counsel. We have also received and reviewed the clerk's record. Section 263.405(b) of the Texas Family Code requires an appellant to file, not later than the fifteenth day after a final order is signed, a statement "of the point or points on which the party intends to appeal." Tex. Fam. Code Ann. § 263.405(b) (Vernon Supp. 2006). An appellate court may not consider any issue that was not specifically presented to the trial court in a timely filed statement of the points on which the party intends to appeal. See id. § 263.405(i) (Vernon Supp. 2006). The record in the instant case fails to include a timely filed statement of points. The statute is clear that a party who does not file a statement of the points on appeal within fifteen days does not preserve any issues for appeal. Tex. Fam. Code Ann. § 263.405(i); In re R.M.R., 218 S.W.3d 863, 864 (Tex. App.-Corpus Christi 2007, no pet.); In re M.N., 230 S.W.3d 248, 249 (Tex. App.-Eastland 2007, pet. filed); In re T.T., 228 S.W.3d 312 (Tex. App.-Houston [14th Dist.] 2007, pet. denied); In re J.W.H., 222 S.W.3d 661 (Tex. App.-Waco 2007, no pet.); In re D.A.R., 201 S.W.3d 229 (Tex. App.-Fort Worth 2006, no pet.).
In a situation such as this, where the statement of points was untimely filed, under the express terms of the statute, there is no contention of error that can be raised that we may consider on appeal. In re R.M.R., 218 S.W.3d at 864. Accordingly, we affirm the judgment of the trial court. Appellant's motion to file an out-of-time appeal is dismissed as moot.
PER CURIAM
Memorandum Opinion delivered and filed
this the 10th day of January, 2008.