M. A. C. v. Texas Department of Family and Protective Services Appeal from 146th District Court of Bell County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00335-CV M.A.C., Appellant v. Texas Department of Family & Protective Services, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 285,651-B, HONORABLE CHARLES H. VAN ORDEN, JUDGE PRESIDING MEMORANDUM OPINION On May 11, 2017, M.A.C. attempted an appeal from the district court’s “Agreed Order Appointing Managing Conservator” signed on October 5, 2016. In response to our letter questioning jurisdiction over this appeal, M.A.C. points to language in the order stating that a party affected by the order has the right to appeal it. However, a party’s right to appeal is subject to certain filing deadlines, and M.A.C.’s May 11, 2017 notice of appeal from the October 5, 2016 order was untimely. See Tex. R. App. P. 26.1, 26.3. Further, the time to seek an extension for filing the notice of appeal has expired. See Tex. R. App. P. 26.3. Once the time for filing a notice of appeal and seeking an extension of time to file the notice of appeal have expired, a party cannot invoke an appellate court’s jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). M.A.C.’s May 11, 2017 notice of appeal from the order signed on October 5, 2016 is untimely, and we lack jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed for Want of Jurisdiction Filed: June 13, 2017 2
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