l)ISMISS; Opiiiion Filed January 17, 2013.
In The
Apprals
unrt if
FifIh Oi&trirt uf ixa at OattaEi
No. 05-1 2-00723-C V
iN THE INTEREST OF BABY BOY P, AKA J.C.P., A CHILD
On Appeal from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 12-192-X-305TH
MEMORANDUM OPINION
Before Justices Moseley, Francis and Lang
Opinion By Justice Francis
By letter dated November 28, 2012, we directed appellant to file, within ten days, a brief
addressing our jurisdiction over this appeal. Specifically, we questioned the timeliness of
appellant’s May 29, 2012 notice of appeal in which he complained of the trial court’s February 28,
2012 final decree of termination. We noted in our letter that, subject to a few mostly statutory
exceptions, our jurisdiction is invoked only upon the timely filing of a notice of appeal from a final
judgment. Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Garza v. Hibernia Nat’l
Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). We further noted that
because an appeal from a parental termination case is accelerated, the notice of appeal was due no
later than March 19, 2012 or, with a timely extension motion, April 3, 2012. See TEX. R. App. P.
26.1(b), 26.3, 28.1(b), 28.4; TEx. FAvI. CODE ANN. § 109.002(a) (West Supp. 2012).
Appellant’s time tbr tiling his jurisdictional brief has passed, and he has not corresponded
with the Court, On January 3, 201 3, appellee filed a motion to dismiss for want of jurisdiction. Ten
days have passed since the motion was filed, and appellant has not responded to the motion either.
See TEx. R. APP. P. 103(a).
Because appellant’s May 29, 2012 notice of appeal is untimely, it fails to invoke our
jurisdiction. See Gaiza, 227 S.W.3d at 233. Accordingly, we grant the motion and dismiss the
appeal. See Thx. R. Apr. P. 42.3(a).
MOLLY 1CIS
JUSTICE
120723F.P05
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1
JUDGMENT
IN THE INTEREST OF BABY BOY P, AKA Appeal from the 305th Judicial District Court
J.C,P., A CHILD of Dallas County, Texas. (Tr.Ct.No. l2-l92
X-3 05th).
No. 05-12-00723-CV Opinion delivered by Justice Francis, Justices
Moseley and Lang participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER
that appellees Tony Don Puckett and [)orothy Mullin Pucket recover their costs, if any, of this appeal
from appellant Christopher Chant Jordan.
Judgment entered January 17, 2013.
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