TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00093-CV
H. M. W., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE 22ND DISTRICT COURT OF COMAL COUNTY
NO. C2018-1505A, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant H.M.W., representing herself pro se, seeks to appeal from a termination
order signed by the trial court on August 26, 2019. In her notice of restricted appeal, filed on
January 28, 2020, H.M.W. states that she is the grandmother of the child who is the subject of
the termination order, that she has been adversely affected by the order, and that “she has not
participated in any way.” See Tex. R. App. P. 26.1(c) (stating that deadline to file restricted
appeal is six months from date judgment is signed).
On February 11, 2020, the Clerk of this Court sent notice to H.M.W. that it
appears that this Court lacks jurisdiction to consider her appeal because the Court’s jurisdiction
is invoked when a party timely files a notice of appeal, and she was not a party to the proceedings
below. In re Lumbermens Mut. Cas. Co., 184 S.W.3d 718, 723 (Tex. 2006) (“Generally, only
parties of record may appeal a trial court’s judgment.”); see Tex. R. App. P. 25.1, 26.1. The
notice requested that H.M.W. respond in writing on or before February 21, 2020, explaining how
this Court may exercise jurisdiction over this appeal and advised her that the failure to do so
would result in the dismissal of this appeal for want of jurisdiction.
To date, H.M.W. has not filed a response. Accordingly, we dismiss this appeal
for want of jurisdiction. See Tex. R. App. P. 42.3(a), (c).
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Kelly, and Smith
Dismissed for Want of Jurisdiction
Filed: February 28, 2020
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