Opinion issued February 7, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-13-00030-CV
____________
IN THE INTEREST OF C.A.O., a child
On Appeal from the 387th District Court
Fort Bend County, Texas
Trial Court Cause No. 06-DCV-151654
MEMORANDUM OPINION
Appellant Alberto Jesus Osorio attempts to appeal from the trial court’s
judgment signed October 12, 2012 terminating his parental rights to C.A.O.
An appeal from a judgment terminating parental rights is an accelerated
appeal. TEX. FAM. CODE ANN. § 109.002(a) (West 2008). In an accelerated appeal,
absent a motion to extend time under Texas Rule of Appellate Procedure 26.3, “the
deadline for filing a notice of appeal is strictly set at twenty days after the judgment
is signed, with no exceptions.” In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005); see
TEX. R. APP. P. 26.1(b), 26.3. Texas Rule of Appellate Procedure 26.3 permits at
most a 15-day extension of time to file the notice of appeal. See TEX. R. APP. P.
26.3.
Appellant filed his notice of appeal on January 3, 2013, 83 days after the
judgment was signed. Appellant’s notice of appeal was untimely filed. See TEX. R.
APP. P. 26.1(b), 26.3; In re K.A.F., 160 S.W.3d at 927. Without a timely filed
notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P.
25.1.
Accordingly, we grant appellee’s motion to dismiss the appeal. See TEX. R.
APP. P. 42.3(a), 43.2(f). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.
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