DISMISS and Opinion Filed September 1, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00715-CV
IN THE INTEREST OF J.J.W.S., A CHILD
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-01-19817
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
Before the Court is appellant’s motion for extension of time to file her notice
of appeal from the trial court’s April 20, 2021 final order. Under Texas Rule of
Appellate Procedure 26.3, an appellate court may grant a motion for extension of
time to file a notice of appeal if, in part, the notice of appeal is filed within fifteen
days of the deadline prescribed by rule 26.1. See TEX. R. APP. P. 26.3. Because
appellant timely filed a motion for new trial, the rule 26.1 deadline was July 19,
2021, ninety days after the complained-of order was signed, and the deadline under
rule 26.3 was August 3, 2021. See id. 26.1(a), 26.3. Appellant did not file her notice
of appeal, however, until August 20th.
In the extension motion, appellant acknowledges the July 19th deadline but
asserts she did not receive notice of the final order until May 5th and therefore, the
deadlines run from that date, not the date of the final order. Deadlines run from the
date of notice, however, only if notice is received more than twenty days after the
date of judgment.1 See TEX. R. CIV. P. 306a(4); TEX. R. APP. P. 4.2(a). Because
notice here was received within fifteen days, the deadlines were not altered.
Accordingly, because the notice of appeal was not filed by August 3rd, we deny the
extension motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545
(Tex. App.–Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is
jurisdictional).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
210715F.P05
1
In no event though, may the deadlines run more than ninety days after the original judgment or
appealable order was signed. See TEX. R. CIV. P. 306a(4); TEX. R. APP. P. 4.2(a).
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.J.W.S., A On Appeal from the 303rd Judicial
CHILD District Court, Dallas County, Texas
Trial Court Cause No. DF-01-19817.
No. 05-21-00715-CV Opinion delivered by Chief Justice
Burns, Justices Molberg and
Goldstein participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered September 1, 2021.
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