Rita Ramon v. Gladney Center for Adoption ( 2020 )


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  •               In the
    Court of Appeals
    Second Appellate District of Texas
    at Fort Worth
    ___________________________
    No. 02-20-00057-CV
    ___________________________
    RITA RAMON, Appellant
    V.
    GLADNEY CENTER FOR ADOPTION, Appellee
    On Appeal from the 352nd District Court
    Tarrant County, Texas
    Trial Court No. 352-305848-19
    Before Sudderth, C.J.; Gabriel and Kerr, JJ.
    Memorandum Opinion by Chief Justice Sudderth
    MEMORANDUM OPINION
    The trial court signed the judgment in this case on June 20, 2019, and
    Appellant Rita Ramon filed a motion for new trial on July 11, 2019, making her notice
    of appeal due within 90 days after the judgment’s signing. See Tex. R. App. P.
    26.1(a)(1). However, Appellant did not file her notice of appeal until February 18,
    2020.
    We notified Appellant of our concern that we lacked jurisdiction over the
    appeal because the notice of appeal was not timely filed. We stated that unless
    Appellant or any party desiring to continue the appeal filed a response showing
    grounds to continue the appeal, we would dismiss the appeal for want of jurisdiction.
    See Tex. R. App. P. 25.1(b), 26.1, 42.3(a), 44.3.
    Appellant filed a response, but it does not show grounds for continuing the
    appeal. Therefore, we dismiss the appeal for want of jurisdiction. See, e.g., In re D.A.,
    No. 02-15-00346-CV, 
    2015 WL 9244637
    , at *1 (Tex. App.—Fort Worth Dec. 17,
    2015, no pet.) (mem. op.) (“The time for filing a notice of appeal is jurisdictional in
    this court, and absent a timely-filed notice of appeal or extension request, we must
    dismiss the appeal.”); see also Tex. R. App. P. 42.3(a), 43.2(f).
    /s/ Bonnie Sudderth
    Bonnie Sudderth
    Chief Justice
    Delivered: April 2, 2020
    2
    

Document Info

Docket Number: 02-20-00057-CV

Filed Date: 4/2/2020

Precedential Status: Precedential

Modified Date: 4/4/2020