in the Interest of I.O. and R.O., Children ( 2022 )

DISMISS and Opinion Filed December 22, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01089-CV
IN THE INTEREST OF I.O. AND R.O., CHILDREN
On Appeal from the 255th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-09013
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
Opinion by Chief Justice Burns
This appeal from the trial court’s August 13, 2021 order in suit to modify
parent-child relationship was filed October 13, 2022. Because the appeal was filed
well-beyond any timeframe allowed under Texas Rule of Appellate Procedure 26.1,
which governs the time for filing notices of appeal in civil cases, we questioned our
jurisdiction over the appeal. See TEX. R. APP. P. 26.1 (providing timeframes for
perfecting civil appeal ranging from twenty days from date judgment is signed to six
months from date judgment is signed); 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); see also TEX. R. APP. P. 26.3
(allowing for fifteen day extension to file notice of appeal).
In jurisdictional briefing filed at our request, appellant does not dispute the
appeal was filed outside the periods established by rule 26.1, but he maintains we
have jurisdiction because the order is void—it was signed outside the trial court’s
plenary power, ten years after the original order concerning the parent-child
relationship was rendered—and a void order can be challenged at any time. The trial
court, however, acquired and retained continuing, exclusive jurisdiction over matters
concerning the parent-child relationship when it rendered the original order, and it
had the authority to exercise its jurisdiction to modify that order. See TEX. FAM.
CODE ANN. §§ 155.01-155.003. Regardless, we cannot exercise jurisdiction over an
untimely appeal. Accordingly, because the appeal was not timely filed, we dismiss
the appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
221089F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF I.O. AND On Appeal from the 255th Judicial
R.O., CHILDREN District Court, Dallas County, Texas
Trial Court Cause No. DF-11-09013.
No. 05-22-01089-CV Opinion delivered by Chief Justice
Burns, Justices Molberg and
Pedersen, III participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Ronda Do recover her costs, if any, of this appeal
from appellant Jorge Olivas, Jr.
Judgment entered December 22, 2022.
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