In the Interest of B. R. L., a Child--Appeal from 115th District Court of Upshur County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00052-CV
______________________________

IN THE INTEREST OF B.R.L., A CHILD

 

 

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 350-01

 

 

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

 

MEMORANDUM OPINION

 

Russell Lane, Jr., has filed an appeal from the termination of his parental rights to B.R.L. The order of termination in this case was signed on January 13, 2003. An appeal from an order terminating parental rights is an accelerated appeal and is subject to the requirements of Tex. R. App. P. 26.1(b). See Tex. Fam. Code Ann. 109.002 (Vernon 2002). Rule 26.1(b) provides that, in an accelerated appeal, "the notice of appeal must be filed within 20 days after the judgment or order is signed." (1)

Accordingly, the notice of appeal was due no later than February 3, 2003. The notice of appeal was filed on March 28, 2003.

We are to construe the Rules of Appellate Procedure reasonably and liberally so that the right to appeal is not lost by imposing requirements not absolutely necessary to effect the purpose of a rule. Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex. 1997). However, we are prohibited from enlarging the scope of our jurisdiction by enlarging the time for perfecting an appeal in a civil case in a manner not provided for by rule. Tex. R. App. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.-Amarillo 2002, no pet.); see generally Denton County v. Huther, 43 S.W.3d 665 (Tex. App.-Fort Worth 2001, no pet.) (dismissing accelerated appeal for want of jurisdiction where appellants failed to file notice of appeal within twenty days after date order was signed).

The jurisdiction of this Court is invoked by the timely filing of a notice of appeal. In the absence of such, we have no jurisdiction to hear the appeal, and we have no choice but to dismiss. We dismiss the appeal for want of jurisdiction.

 

Jack Carter

Justice

 

Date Submitted: April 15, 2003

Date Decided: April 16, 2003

1. Because the appeal of an order terminating parental rights is accelerated, the notice of appeal is due twenty days after the judgment is signed, and a motion for new trial does not extend the filing period. In re T.W., 89 S.W.3d 641, 642 (Tex. App.-Amarillo 2002, no pet.).