In the Interest of K.N., T.N., B.Z., T.B. and L.B., Children--Appeal from 71st District Court of Harrison County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00097-CV

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IN THE INTEREST OF

K.N., T.N., B.Z., T.B., AND L.B., CHILDREN

On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 02-0016

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Sandy Starks has filed an appeal from the termination of her parental rights to K.N., T.N., B.Z., T.B, and L.B. She was represented by counsel George Jones at the trial. Jones filed a notice of appeal on her behalf, and on the same day sought and was granted permission to withdraw as attorney for Starks. A clerk's record was received by this Court August 20, 2003. In our review of that record, it became apparent that the notice of appeal was not timely filed and that no motion seeking an extension of time to file such a notice had been filed.

The jurisdiction of a court of appeals is invoked by timely filing documents showing a bona fide intent to appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997). In an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment is signed. Tex. R. App. P. 26.1(b). In this case, the notice of appeal was untimely, and it therefore appeared we had no jurisdiction over the appeal. Accordingly, we contacted Starks by letter, informing her there was a problem with the perfection of the appeal and directing her to respond within ten days to show this Court why the appeal should not be dismissed for want of jurisdiction. She did not respond.

We then discovered that Starks was represented by appointed counsel, and we sent the same letter to her counsel, with an extended response date to October 6, 2003. As of the date of this opinion, we have received no communication from any source in connection with this appeal. We therefore have no choice but to dismiss the appeal for want of jurisdiction.

We dismiss the appeal.

Donald R. Ross

Justice

Date Submitted: October 29, 2003

Date Decided: October 30, 2003