In re A.J.E., 04-22-00546-CV

CourtCourt of Appeals of Texas
Writing for the CourtPER CURIAM
PartiesIN THE INTEREST OF A.J.E. AND A.N.E., Children,
Docket Number04-22-00546-CV
Decision Date27 September 2022


No. 04-22-00546-CV

Court of Appeals of Texas, Fourth District, San Antonio

September 27, 2022

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA01611 Honorable Cynthia Marie Chapa, Judge Presiding



In the underlying suit to terminate the parent-child relationship for a stepparent to adopt, Appellant's parental rights were terminated.

"An appeal in a parental termination case is accelerated and must be filed within twenty days after the judgment is signed." In re J.L.E., No. 05-11-01509-CV, 2012 WL 2343901, at *2 (Tex. App.-Dallas June 20, 2012, no pet.) (mem. op.) (dismissing an appeal of the denial of father's parental-rights termination suit for an untimely filed notice of appeal); accord In re J.A.R., No. 12-14-00208-CV, 2014 WL 3853912, at *1 (Tex. App.-Tyler Aug. 6, 2014, pet. denied) (mem. op.) (citing Tex. Fam. Code Ann. § 109.002).

"[I]n an accelerated appeal, absent a rule 26.3 motion, the deadline for filing a notice of appeal is strictly set at twenty days after the judgment is signed, with no exceptions, and filing a rule 26.1(a) . . . request for findings of fact and conclusions of law will not extend that deadline." In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005).

Appellant's notice of appeal was due on August 8, 2022. See Tex. R. App. P. 26.1(b). A motion for extension of time to file a notice of appeal was due not later than August 23, 2022. See id. R. 26.3.

Appellant's notice of appeal was filed on August 25, 2022. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("[A] motion for extension of time is necessarily implied when an appellant acting in good faith files a [notice of appeal] beyond the time allowed by Rule [26.1], but within the fifteen-day period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3]." (emphasis added)).

Appellant's notice of appeal appears to be untimely. We ORDER Appellant to SHOW CAUSE within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a); Verburgt, 959 S.W.2d at 617 ("[O]nce the


period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction.").

If Appellant fails to show cause or respond as ordered, this appeal will be dismissed without further...

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