In the Interest of J.C.P. v. --Appeal from 305th Judicial District Court of Dallas County (memorandum opinion )

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l)ISMISS; Opiiiion Filed January 17, 2013. In The Apprals FifIh Oi&trirt uf ixa at OattaEi unrt if No. 05-1 2-00723-C V iN THE INTEREST OF BABY BOY P, AKA J.C.P., A CHILD On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. 12-192-X-305TH MEMORANDUM OPINION Before Justices Moseley, Francis and Lang Opinion By Justice Francis By letter dated November 28, 2012, we directed appellant to file, within ten days, a brief addressing our jurisdiction over this appeal. Specifically, we questioned the timeliness of appellant s May 29, 2012 notice of appeal in which he complained of the trial court s February 28, 2012 final decree of termination. We noted in our letter that, subject to a few mostly statutory exceptions, our jurisdiction is invoked only upon the timely filing of a notice of appeal from a final judgment. Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Garza v. Hibernia Nat l Bank, 227 S.W.3d 233, 233 (Tex. App. Houston [1st Dist.] 2007, no pet.). We further noted that because an appeal from a parental termination case is accelerated, the notice of appeal was due no later than March 19, 2012 or, with a timely extension motion, April 3, 2012. See TEX. R. App. P. 26.1(b), 26.3, 28.1(b), 28.4; TEx. FAvI. CODE ANN. § 109.002(a) (West Supp. 2012). Appellant s time tbr tiling his jurisdictional brief has passed, and he has not corresponded with the Court, On January 3, 201 3, appellee filed a motion to dismiss for want of days have passed since jurisdiction. Ten the motion was filed, and appellant has not responded to the motion either. See TEx. R. APP. P. 103(a). Because appellant s May 29, 2012 notice of appeal is untimely, it fails to invoke our jurisdiction. See Gaiza, 227 S.W.3d at 233. Accordingly, we grant the motion and dismiss the appeal. See Thx. R. Apr. P. 42.3(a). MOLLY JUSTICE 120723F.P05 1CIS (LtntrL O1 \ipi. t1 1 Jt FiiL1! IritL tiL Lcxa; t1 jLlL1t; JUDGMENT IN THE INTEREST OF BABY BOY P, AKA J.C,P., A CHILD No. 05-12-00723-CV Appeal from the 305th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. l2-l92 X-3 05th). Opinion delivered by Justice Francis, Justices Moseley and Lang participating. In accordance with this Court s opinion of this date, we DISMISS the appeal. We ORDER that appellees Tony Don Puckett and [)orothy Mullin Pucket recover their costs, if any, of this appeal from appellant Christopher Chant Jordan. Judgment entered January 17, 2013. \lOI I hRi\N(IS .11 SIl( I.

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