## In the Court of Appeals Seco nd Appellate Distri ct of Texas at Fort Worth

___________________________ No. 02

- 22

- 00392

- CV

___________________________

O n Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360

- 716584

- 22

Before Kerr, Birdwell, and Bas sel, JJ. Memorandum Opinion by Justice Kerr 

### I N THE 

### I NTEREST OF 

### N.J., A 

### C HILD2 MEMORA N DUM OPINION Appellant C.F. ( Mothe r) attempts to appeal fr om the trial court ’s final “ Default
Order of Termination ” in a private suit seeking termination of her par ental rights to her daughter N.J. Because Mother did not timely file her notic e of ap peal, w e dismiss this appea l for want of jurisdiction.
The trial court signed the default order terminating Mother ’s parental rights on Jul y 25, 2022

. Because this is an acce lerated app eal, Mother ’s deadline to file her
noti c e of appeal was A ugust 15, 2022. 1 See Tex . Fa m. C o de Ann. § 10 9 .002(a

- 1) ( providing that “[a] n appeal in a suit in which termination of the parent

– child

1 Mother timely moved for new trial , which the trial court denied

. See Tex . R. Civ. P. 329b(a)

. In an ordinary civil case , Mother ’ s filing a new

- trial mot io n would have extended her notice

- of

- app eal filing deadline to October 2 4 , 2022

. See Tex . R. App. P. 26.1( a) (1) ; see also Tex. R. App. P. 4.1(a)

. But because this is an accelerated appeal, M o ther ’ s new

- trial m otion did not extend her appellat e deadline. See Tex. R. App. P. 28. 1(b) ( st ating that filing a new

- trial motion “will not extend the time to perf ect an a cce lerated appeal ” ); In re K.A.F. , 160 S.W.3d 923, 92 7 ( Tex. 2005) (e xplaining that in an accelerated appeal, ab sent a timely filed mot ion for extensi on of time to file a notice of appeal under Texas Rule of Appellate Procedure 26.3, “the deadline for filing a notic e of appeal is strictly set at twenty da ys after the judgment is signed, with no exceptions ”). Additionally, Mother ’ s timely filed new

- trial motion prec ludes us from construing Mother ’ s notice of appeal as a notice of restricted appeal

. See T ex. R. App

. P. 26.1(c) ( stating that notice

- of

- appe al deadline for restricted appeal is six months af ter j udgment is signed) , 30 (providing that party who did not participate in the hearing that resulted in the complained

- of judgm ent and “did not timely file a postjudgm ent motion or request for findings of fa ct and conclusions of law” may file restricted appe a l); cf. M.M.S. v. Tex. Dep ’t of F am . & Protectiv e Serv s. , No. 03

- 19

- 00755

- CV, 2019 WL 6795867, at *1 n.1 (Tex. App.

— Austin D ec. 13, 2019, no pet.) (mem. op.) ( stati ng that parent ’ s timely filed request for findings of fact and conclusions of law in parent al- right s- te rmination case preclud ed parent from filing a restr icted appeal).3 relationship is ordered ” is accelerated and will “follow the proc edures for an accelerated appeal under the Texas R ul es of Appellate Procedu re”) ; Tex. R. App. P. 26.1(b) (requiring notice of appeal in an ac ce lerated appeal to be filed w ithin 20 days after the judgment i s signed) , 28.1(b) (stating that an acce lerated appeal is perfect ed b y filing a notice of appeal within the time allowed by Ru le 26. 1(b) ), 28. 4 (a) (1) (pr oviding
th at appeals in paren tal

- termination cases are governed by the rules of a ppellate procedure for accelerate d appeals ) ; see also Tex. R. App. P. 4.1(a ) (p roviding that if due date falls on a Saturday, Sunday, or legal holid ay, it is extended until the next day that
is not a Satu rday, Sunday , or legal holida y). Mother did not fil e her notice of appeal

u ntil Octob er 6, 2022 , over 50 days past the notice

- of

- appeal filing deadline

. See Tex. R. App. P. 26.1(b).
On October 7, 202 2, we notified M o ther that it appear ed we lacked jurisdiction over this appeal because her notice o f appeal was untimely

. See Tex. R. App. P. 26.1 , 28.4 . We warn ed her that we could di s miss this appeal for want of jurisdiction unless she or any other party wanting to continu e the appeal filed a re sponse within ten days showing grounds f o r continuing the appeal. See Tex. R. App. P. 42.3(a) , 44.3

. More
than ten days have passed , and we have not received a response.
The time for filing a n otice of appeal is jurisdictional in this court, an d without
a tim ely filed notice of appeal or a time l y filed extension r equest, we mus t dismiss th e appeal. See Tex. R. App. P . 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston , 976 S .W.2d 676, 677 (Tex. 19 98); Verburgt v. Dor ner , 959 S.W.2d 615, 617 (Te x. 1997 ). Here,4 Mo ther ’s notice of appeal was untimely , and she did not move to extend t he appellate
deadline

. 2 See Tex. R. App. P. 26.1(b) , 26.3 , 28.1(b) , 28. 4(a)(1) . Accordingly, we dismiss this appeal for want of jurisdiction

. See Tex. R. App. P. 42.3(a), 43.2(f); K .A .F. , 160 S.W.3d at 92 4 , 92 8; In re D.A

. , No. 02

- 15 -0 0346

- CV, 2015 WL 9244637 , at *1 ( Te x. App.

— Fo rt Worth Dec. 17, 2015, no pet. ) (mem. op.)

.

/s/ Elizabeth Kerr Elizabeth Kerr Justice
Delivered: November 17, 2022

2 A motion for extension o f time is necessarily implied when an appellant acting in goo d faith files a notice of appeal beyond t he time allowed by Rule 26.1 but within the 15

- day p eriod in w hich the appell ant woul d be entitled t o move to extend the filing deadl ine under R ule 26.3. See Jones , 976 S.W.2d at 677 ; Verburgt , 959 S.W.2d at 617; se e also Tex. R. App. P. 26.1, 26.3 , 28.1(b)

. But Mo ther filed her notice of appeal after the 15

- day ex t ension period , and we thus cannot im ply an exten sion motion.