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 ofL. 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, ChiefDepirft 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 ServingAnderson, 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 ofappeal was dueto have been filed onJune29, 2004. However, thenotice ofappeal was notfiled until July 13, 2004. 

### On August 5, 2004, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure42.3(a) that her notice of appealwasuntimely. 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 thetime forperfecting an appeal except as provided byTexas Rules ofAppellate Procedure 26.1 and26.3, we dismiss the appeal forwant 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 overtheappeal, andthattheappeal 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 ofWorthen, C.J., Griffith, J., and DeVasto, J.