In The Interest Of M.R., A Child Appeal from 417th Judicial District Court of Collin County (memorandum opinion)
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Dismissed and Opinion Filed July 19, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00521-CV IN THE INTEREST OF M.R., A CHILD On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-30026-2019 MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Nowell Opinion by Justice Partida-Kipness This is an appeal from an order striking appellant’s petition in intervention in a child protection case. We questioned our jurisdiction over this appeal because it appeared to have been untimely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional). The final judgment was signed March 22, 2022. Because an appeal in a child protection case is accelerated, the notice of appeal was due April 11, 2022 or, with an extension motion, April 26, 2022. See TEX. R. APP. P. 26.1(b) (accelerated appeals must be filed within twenty days of judgment); TEX. R. APP. P. 26.3 (providing for a fifteen-day extension of time for filing notice of appeal); TEX. R. APP. P. 28.4 (providing that appeals in child protection cases are accelerated); Smith v. City of Garland, 523 S.W.3d 234, 239 (Tex. App.—Dallas 2017, no pet.) (order striking petition in intervention appealable upon rendition of final judgment). The notice of appeal, however, was not filed until April 28, 2022. We requested jurisdictional briefing from appellant but nothing in appellant’s letter brief demonstrates the appeal was timely filed. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 220521F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE INTEREST OF M.R., A CHILD On Appeal from the 417th Judicial District Court, Collin County, Texas Trial Court Cause No. 417-300262019. Opinion delivered by Justice PartidaKipness, Justices Pedersen, III and Nowell participating. No. 05-22-00521-CV In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered July 19, 2022. –3–
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