In the Interest of J.N., A Child--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00603-CV

IN THE INTEREST OF J.N., A CHILD

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-PA-00497

Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 21, 2005

DISMISSED FOR WANT OF JURISDICTION

This is an appeal from a judgment terminating Elizabetsheba Nelson s parental rights. The trial court s judgment was entered on May 2, 2005, and a notice of restricted appeal was filed on August 22, 2005. A restricted appeal, however, is allowed only if: (1) the notice of appeal is filed within six months after the trial court signs the judgment; (2) by a party to the suit; (3) who did not participate in the hearing that resulted in the judgment complained of and did not timely file any post-judgment motions or requests for findings of fact and conclusions of law; and (4) error is apparent on the face of the record. Alexander v. Lynda s Boutique, 134 S.W.3d 845, 848 (Tex. 2004).

Here, the record reflects that appellant does not meet the requirements for a restricted appeal because she participated in the events leading to the termination of her parental rights. The trial court s judgment expressly states: Respondent Mother Elizabetsheba Nelson appeared in person and through attorney of record Patricia De Veau and announced ready. Moreover, appellant s response to our show cause order confirms that appellant participated in the termination hearing by way of her attorney. Because the non-participation requirement is mandatory and jurisdictional, when an appellate court determines that an appellant participated in the hearing that resulted in the judgment complained of, the appropriate action is to dismiss the appeal for lack of jurisdiction. Starks v. Tex. Dep t of Criminal Justice, 153 S.W.3d 621, 626 (Tex. App. Amarillo 2004, no pet.); see also Dillard v. Patel, 809 S.W.2d 509, 512 (Tex. App. San Antonio 1991, writ denied). Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM