In the Interest of T.R., a Child v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00075-CV
IN THE INTEREST OF T.R., A CHILD
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 97,399-E-FM, Honorable Carry Baker, Presiding
May 19, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
This appeal emanated from a suit by the Texas Department of Family and
Protective Services to terminate the parental rights of DH to four of her children. TR was
one of them. From that suit, the proceedings involving two of the four children were
severed into a different cause. Thereafter, the trial court entered its “final” order
terminating the parental relationship between mother and TR in May 2022. Yet, that order
did not adjudicate mother’s rights regarding the remaining child. Thus, the order affecting
TR was not final and appealable. See In re R.R.K., 590 S.W.3d 535, 540 (Tex. 2019)
(stating that an order is final when it disposes of all issues and parties). Nor was it made
final and appealable until the trial court issued its order, on December 21, 2022, severing
the termination involving TR and assigning it an independent cause number, i.e., 97,399-
E-FM. That resulted in mother’s filing her initial notice of appeal on February 22, 2023, a
supplemental notice on March 6, 2023, and a motion for new trial on March 6, 2023.
Rule of appellate procedure mandates that a notice of appeal in an accelerated
matter be filed within 20 days after the judgment or order is signed. TEX. R. APP. P.
26.1(b); see also In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005) (reiterating the 20-day
deadline and explaining that same is not extended by one timely moving for a new trial).
The pending appeal is such an accelerated matter. TEX. R. APP. P. 28.4. Thus, the
deadline to file a timely notice in this matter fell on January 10, 2023. As can be seen, all
notices mother filed were late. Because a timely notice of appeal is essential to invoking
appellate jurisdiction, In re C.S., No. 07-17-00329-CV, 2017 Tex. App. LEXIS 9060, at *2
(Tex. App.—Amarillo Sept. 26, 2017, pet. denied) (mem. op.), we lack jurisdiction over
the appeal. Thus, we dismiss it for want of jurisdiction. TEX. R. APP. P. 42.3(a).
Brian Quinn
Chief Justice
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