DISMISS and Opinion Filed August 22, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00802-CV
IN THE INTEREST OF J.L.W.-J., A CHILD
On Appeal from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-18-00514-W
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Carlyle
Opinion by Justice Myers
The Court questioned its jurisdiction over this appeal because it appeared the notice of
appeal was untimely. We instructed appellant to file, by July 22, 2019, a letter brief addressing
our concern and cautioned her that failure to comply may result in dismissal of the appeal
without further notice. As of today’s date, appellant has not complied.
The underlying lawsuit is a child protection case filed by the Department of Family and
Protective Services. An appeal from a judgment in such a lawsuit is accelerated. See TEX. R.
APP. P. 28.4(a)(1). In an accelerated appeal, the notice of appeal is due twenty days or, with an
extension motion thirty-five days, after the judgment is signed. See id. 26.1(b). Without a
timely notice of appeal, this Court lacks jurisdiction. See id. 25.1(b).
The trial court signed the judgment on May 2, 2019. Accordingly, the notice of appeal
was due on May 22, 2019. Id. 26.1(b). Appellant filed the notice of appeal on July 1, 2019,
forty days past the deadline.
Because appellant failed to timely file the notice of appeal, we dismiss this appeal for
want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Lana Myers/
LANA MYERS
JUSTICE
190802F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.L.W.-J., A On Appeal from the 304th Judicial District
CHILD Court, Dallas County, Texas
Trial Court Cause No. JC-18-00514-W.
No. 05-19-00802-CV Opinion delivered by Justice Myers. Justices
Molberg and Carlyle participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 22nd day of August, 2019.
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