in the Interest of J.B., a Child ( 2013 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00317-CV
IN THE INTEREST OF J.B., A CHILD
From the 74th District Court
McLennan County, Texas
Trial Court No. 2011-507-3,2
MEMORANDUM OPINION
Christopher Antwon Blackwell attempts to appeal the termination of his parental
rights as to J.B. By letter dated September 19, 2013, the Clerk of this Court notified
Blackwell that his notice of appeal appeared untimely. From the information we
received, it appeared the trial court’s judgment of termination as to J.B. was rendered on
January 11, 2013. Thus, the notice of appeal as to his judgment was due January 31,
2013. See TEX. FAM. CODE ANN. § 263.405(a) (West Supp. 2012); TEX. R. APP. P. 26.1(b). It
was not filed until September 13, 2013. In the same letter, the Clerk warned Blackwell
that we would dismiss this appeal unless, within 21 days from the date of the letter, a
response was filed showing grounds for continuing the appeals.
In what appears to be a response to the Clerk’s September 19, 2013 letter, we
received a document from Blackwell dated September 24, 2013 and styled, “Motion to
Change Venue/Art. 28.01(1)(7) C.CR.Proc. Art. 31.03).” In that response, Blackwell
referenced a letter received from the Court dated April 10, 2013 notifying him that his
writ of mandamus was filed. That particular mandamus, however, was denied and
dismissed on April 18, 2013. He also referenced the two appellate case numbers
currently pending with this Court: 10-13-00317-CV, and 10-13-00321-CV. Neither of
those case numbers represents mandamus proceedings. Rather, they each represent
current appeals, including this appeal, regarding the termination of Blackwell’s parental
rights. Further, this reference asserts, without citing applicable authority, that there is
no statute of limitations on such appeals. This assertion is contrary to the Texas Rules
of Appellate Procedure. TEX. R. APP. P. 26.1(b). Accordingly, because Blackwell’s notice
of appeal was very untimely and his response did not provide grounds for continuing
the appeal, this appeal is dismissed.
Additionally, in his response, Blackwell requests to have the Texas Supreme
Court order all documents transferred from this Court to another venue. This Court has
no authority to order the Texas Supreme Court to transfer venue of this appeal nor does
this Court have the authority to transfer venue of this appeal to another court of
appeals. Accordingly, Blackwell’s motion to transfer venue is dismissed for want of
jurisdiction.
In the Interest of J.B., a Child Page 2
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Motion dismissed
Opinion delivered and filed October 24, 2013
[CV06]
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