ChiefJustice

James T. Worthen

Twelfth Court of Appeals

Justices

Sam Griffith

Diane DeVasto

August 18,2004

Mr. James W. Volberding

One American Center

909 ESE Loop 323

Suite 700

Tyler, TX 75701

Ms. Tiffani A. Wickel

Assistant District Attorney

100 North Broadway

4th Floor

Tyler, TX 75702

RE: Case Number: 12-04-00251-CV

Trial Court Case Number: 02-3596-D

Style: In the Interest of L. S. B. and K. H., children

Clerk

Cathy S.Lusk

Chief Staff Attorney

Margaret Hussey

Enclosed is a copy of the Memorandum Opinion issued this date in the above styled and

numbered cause. Also enclosed is a copy ofthe court's judgment.

Very truly yours,

CATHY S. LUSK, CLERK

By: KdjUJIA, Mi

Katrina McClenny, Chief Depirft Clerk

CC: Hon. Carole W. Clark

Hon. John Ovard

Ms. Lois Rogers

1517 West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax: 903-593-2193

Serving Anderson, Cherokee, Gregg, Henderson, Hopkins, Houston, Kaufman, Nacogdoches, Panola,Rains, Rusk, Sabine, SanAugustine, Shelby, Smith

Upshur, Van Zandt and Wood Counties

www.12thcoa.courts.state.tx.us
NO. 12-04-00251-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

IN THE INTEREST OF L.S.B.

AND K.H., CHILDREN

TYLER, TEXAS

§ APPEAL FROM THE 321ST

§ JUDICIAL DISTRICT COURT OF

§ SMITH COUNTY, TEXAS

MEMORANDUM OPINION

This is an accelerated appeal from an order of termination signed on June 14, 2004. See

Tex. Fam. Code Ann. § 263.405(a) (Vernon 2002) (appeal of final order rendered under Texas

Family Code SubchapterE is accelerated). Consequently, the notice of appeal must be filed within

15 days ofthedate oftheorder. Tex. Fam.Code Ann. §263.405(b). Here, thenotice of appeal was

dueto have been filed onJune29,2004. However, thenotice of appeal was notfiled until July13,

2004.

On August 5, 2004, this Court notified Appellant pursuant to Texas Rule of Appellate

Procedure42.3(a) that her notice of appealwas untimely. Appellantwas further notified that unless

the information furnished in the appeal was amendedon or before August 16, 2004 to establish the

jurisdiction of thisCourt, the appeal would be dismissed. OnAugust 9, 2004, Appellant responded

to this Court's dismissal notice by forwarding a copy of her notice of appeal. However, she

furnished no information that would establish this Court's jurisdiction.

Because this Court is not authorized to extend the time for perfecting an appeal except as

provided byTexas Rules of Appellate Procedure 26.1 and26.3, we dismiss the appeal for want of

jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered August 18, 2004.

Panel consisted ofWorthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 18,2004

NO. 12-04-00251-CV

IN THE INTEREST OF L.S.B. AND K.H., CHILDREN

Appeal from the 321st Judicial District Court

ofSmith County, Texas. (Tr.Ct.No.02-35956-D)

THIS CAUSE came to be heard on the appellaterecord; and the same being

inspected, it is thisCourt's opinion thatit is withoutjurisdiction overthe appeal, andthatthe appeal

should be dismissed.

It isthereforeORDERED, ADJUDGED andDECREEDbythecourtthatthis

appeal be, and the same is, hereby DISMISSED FORWANTOFJURISDICTION, and that this decision

be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.