Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00814-CV
IN THE INTEREST OF A.A.A., a Child
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2020-FLD-001240-D3
Honorable Selina Nava Mireles, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 25, 2023
DISMISSED FOR LACK OF JURISDICTION
On December 5, 2022, appellant A.K.T. filed a notice of appeal challenging an order
terminating her parental rights. The clerk’s record shows the trial court signed the order of
termination on May 6, 2022. An appeal from an order terminating a parent-child relationship is
governed by the rules of appellate procedure for accelerated appeals. TEX. R. APP. P. 28.4(a); see
also TEX. FAM. CODE §109.002(a-1). In an accelerated appeal, the notice of appeal must be filed
within twenty days after the judgment or order being appealed is signed, and a party cannot extend
this deadline by filing a post-judgment motion. TEX. R. APP. P. 26.1(b); In re K.A.F., 160 S.W.3d
923, 928 (Tex. 2005); In re L.R.S., No. 04-20-00507-CV, 2020 WL 7365444, at *1 (Tex. App.—
San Antonio Dec. 16, 2020, no pet.) (mem. op.) (citing In re G.S., No. 04-17-00237-CV, 2017 WL
2457052, at *1 (Tex. App.—San Antonio June 7, 2017, no pet.) (mem. op.)). As a result, A.K.T.’s
04-22-00814-CV
notice of appeal was due by May 26, 2022, or her notice of appeal and motion for extension of
time to file the notice of appeal was due fifteen days later. TEX. R. APP. P. 26.1, 26.3; K.A.F., 160
S.W.3d at 928; L.R.S., 2020 WL 7365444, at *1; G.S., 2017 WL 2457052, at *1.
Because A.K.T. did not file her notice of appeal until December 5, 2022, it appeared late.
We therefore ordered A.K.T. to show cause in writing, by January 5, 2022, why this appeal should
not be dismissed for lack of jurisdiction. A.K.T. responded to our order, and counsel maintained
he had not been hired until October 12, 2022. Counsel further explained he filed a post-judgment
motion on December 2, 2022, and the trial court advised him the motion could not be heard because
its plenary power had expired and recommended he file a notice of appeal.
A.K.T.’s explanation is insufficient to establish this court’s jurisdiction. “A timely notice
appeal is necessary to invoke this court’s jurisdiction.” L.R.S., 2020 WL 7365444, at *1 (citing In
re S.A.M.W., No. 04-16-00425-CV, 2016 WL 3944816, at *1 (Tex. App.—San Antonio July 20,
2016, no pet.) (mem. op.)). Accordingly, because the notice of appeal was untimely filed, we have
no choice but to dismiss this appeal for lack of jurisdiction. K.A.F., 160 S.W.3d at 928 (affirming
court of appeals dismissing parental termination for lack of jurisdiction when notice of appeal was
untimely filed); L.R.S., 2020 WL 7365444, at *1 (dismissing parental termination for lack of
jurisdiction after notice of appeal was filed almost three months after order of termination was
signed); G.S., 2017 WL 2457052, at *1 (dismissing parental termination after notice of appeal was
filed forty-four days after order of termination was signed). We further deny all pending motions,
including notifications of late record, as moot.
PER CURIAM
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