Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00485-CV
IN THE INTEREST OF B.L.B., et al.
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 14-02-0060-CVW
Honorable Melissa Uram-Degerolami, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 30, 2015
DISMISSED FOR WANT OF JURISICTION
Appellant Terrell Lynn Bush seeks to appeal from a final order terminating his parental
rights. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405. The
trial court entered the final order of termination on May 13, 2015. Because this is an accelerated
appeal, the notice of appeal was due on June 2, 2015. See TEX. R. APP. P. 26.1(b) (requiring notice
of appeal to be filed within twenty days after the judgment is signed in an accelerated appeal; filing
of a motion for new trial does not extend the appellate deadline). A motion for extension of time
to file the notice of appeal was therefore due on June 17, 2015. See TEX. R. APP. P. 26.3 (providing
a fifteen-day grace period after the deadline for filing notice of appeal). Appellant filed his notice
of appeal on July 31, 2015, well after the deadlines for filing the notice of appeal and motion for
extension of time to file the notice of appeal had expired. See id. Once the period for granting a
04-15-00485-CV
motion for extension of time under Rule 26.3 has passed, a party can no longer invoke the appellate
court’s jurisdiction. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
On August 20, 2015, this court ordered appellant to show cause in writing within thirty
days why this appeal should not be dismissed for want of jurisdiction. Appellant responded by
letter stating that he did not know the appeal was accelerated. The fact that appellant’s notice of
appeal was filed late and after expiration of the period for requesting an extension deprives this
court of jurisdiction in this matter. Id. Accordingly, the appeal must be dismissed for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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