Sherry Xiaohua Xing v. Texas Department of Family and Protective Services

DISMISSED; Opinion Filed October 26, 2016.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-00937-CV

SHERRY XIAOHUA XING, Appellant

V. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee

On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. 05-1296-W-304

MEMORANDUM OPINION

Before Justices Lang, Myers, and Evans Opinion by Justice Lang

This appeal concerns a parental termination. The notice of appeal was due within twenty days of the April 21, 2016 order of dismissal or, with a timely extension motion, no later than May 26, 2016. See TEX. R. APP. P. 26.1(b), 28.4(a)(1). The clerk’s record does not contain a copy of the notice of appeal, but our records reflect the notice of appeal was filed August 8, 2016.

By letter filed September 20, 2016, we directed appellant to provide the Court, no later than September 30, 2016, a letter brief explaining how the Court has jurisdiction over the appeal. See Garza v. Hibernia Nat. Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (timely filing of notice of appeal is jurisdictional). We cautioned appellant that failure to do so could result in dismissal of the appeal without further notice. To date, appellant has not filed the letter brief, and nothing before us demonstrates our jurisdiction.

Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

160937F.P05

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

SHERRY XIAOHUA XING, Appellant On Appeal from the 304th Judicial District

Court, Dallas County, Texas No. 05-16-00937-CV V. Trial Court Cause No. 05-1296-W-304.

Opinion delivered by Justice Lang. Justices TEXAS DEPARTMENT OF FAMILY Myers and Evans participating. AND PROTECTIVE SERVICES, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 26th day of October, 2016.