In The Interest of S.T., A Minor Child--Appeal from 310th District Court of Harris County

Opinion issued August 31, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00664-CV

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IN THE INTEREST OF S.T., A CHILD

On Appeal from the 310th District Court

Harris County, Texas

Trial Court Cause No. 2004-43471

MEMORANDUM OPINION

Appellant, James Taylor, appeals the dismissal order of his petition for involuntary termination of parent child relationship between Carolyn Vestal ( Vestal ) and their minor child, S.T. We dismiss for want of jurisdiction.

Jurisdiction

Taylor appeals the trial court s dismissal of his petition for involuntary termination of the parent child relationship between Vestal and S.T. The Texas Family Code permits any party to appeal a final order rendered under Title V, as was this order. // Tex. Fam. Code Ann. 109.002(b) (Vernon 2002). However, to timely appeal this final order, Taylor was required to adhere to the customary time limits for filing a notice of appeal in a civil case. Id. 109.002(a). In addition, the Family Code specifies that an appeal in which termination of the parent-child relationship is in issue shall be given precedence over other civil matters and shall be accelerated by the appellate courts. Id.

The Rules of Appellate Procedure provide that, in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed. Tex. R. App. P. 26.1(b). Here, the judgment was signed on February 2, 2005. The deadline for filing a notice of appeal was, therefore, February 22, 2005. The notice of appeal was not filed until June 27, 2005. We hold this appeal was not timely filed.

A notice of appeal which complies with the requirements of Rule 26 is essential to vest a court of appeals with jurisdiction. Verburgt v. Dorner,959 S.W.2d 615, 617-18 (Tex. 1997) (construing the predecessor to Rule 26). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. Id.

Accordingly, we dismiss this appeal for want of jurisdiction.

George C. Hanks, Jr.

Justice

Panel consists of Justices Nuchia, Keyes, and Hanks.