In the Interest of C.W.L., G.L.L, L.R. III., and A.R., children Appeal from 216th Judicial District Court of Kerr County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00013-CV IN THE INTEREST OF C.W.L., G.L.L, L.R. III., and A.R., Children From the 216th Judicial District Court, Kerr County, Texas Trial Court No. 15759A Honorable Cathy Morris, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 13, 2019 DISMISSED FOR LACK OF JURISDICTION On January 7, 2019, appellant filed a notice of appeal appealing the trial court’s order terminating parental rights signed on March 1, 2017. Appellant’s notice of appeal is untimely. See TEX. R. APP. P. 26.1(b) (providing that the notice of appeal in an accelerated appeal is due within twenty days of the signing of the judgment), 28.4(a) (providing that appeals in parental termination cases are accelerated). Absent a timely notice of appeal, this court lacks jurisdiction over the appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (holding that once extension period has passed, a party can no longer invoke an appellate court’s jurisdiction). In addition, the March 1, 2017 order appellant seeks to appeal was the subject of an appeal in this court assigned cause number 04-17-00144-CV. On August 30, 2017, this court issued a memorandum opinion affirming the trial court’s March 1, 2017 order terminating appellant’s rights 04-19-00013-CV to his minor children. See In re L.R., III, No. 04-17-00144-CV, 2017 WL 3722029, at *1 (Tex. App.—San Antonio Aug. 30, 2017, no pet.) (mem. op.). The mandate issued on January 18, 2018. Our plenary power over this appeal has expired, and we no longer have jurisdiction to consider appellant’s complaints in relation to the March 1, 2017 order. See TEX. R. APP. P. 19.1, 19.3. Accordingly, on February 13, 2019, we ordered appellant to show cause in writing no later than March 5, 2019 why this appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response pertaining to the jurisdictional question. Thus, we dismiss this appeal for lack of jurisdiction. All pending motions filed by appellant are rendered moot by this opinion. PER CURIAM -2-
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