Court of Appeals of Texas, 2012

in the Interest of M.T.

in the Interest of M.T.
Court of Appeals of Texas · Decided December 28, 2012
in the Interest of M.T.

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00814-CV IN THE INTEREST OF M.T.

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2010-PA-01585 Honorable Fred Shannon, Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice

Delivered and Filed: December 28, 2012 DISMISSED FOR LACK OF JURISDICTION

Appellant Mother seeks to appeal from an order terminating her parental rights to M.T. The clerk’s record reflects that on December 8, 2011, the trial court signed an order terminating Appellant Mother’s parental rights to M.T. The record reflects that in a separate order, also on December 8, 2011, the trial court terminated Appellant Father’s parental rights to M.T. Thus, the notice of appeal was due to be filed by December 28, 2011. See TEX. R. APP. P. 26.1(b). Appellant Mother did not file her notice of appeal until December 4, 2012, almost a year after the final judgment was signed in this case.

Appellant Mother has filed a motion for leave to file an untimely motion for extension of time to file a notice of appeal. See TEX. R. APP. P. 10.5(b). However, we have no jurisdiction to grant such a motion. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Therefore, we DENY appellant’s motion for leave to file an untimely motion for extension of time to file a notice of appeal and DISMISS this appeal for lack of jurisdiction.

PER CURIAM

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