What did the court decide?

The court dismissed Mother's appeal because her notice of appeal was filed too late and the court therefore lacks jurisdiction.

Who is affected by this decision?

Mother and the children involved in the suit affecting the parent–child relationship are affected because the trial court's final order remains in effect unless otherwise changed by further action.

Unless Mother obtains relief from the trial court (for example, a new order permitting appeal) or successfully files a timely petition for other extraordinary relief, the dismissal stands and the trial court's order remains enforceable.

Could Mother have avoided dismissal?

Yes. Filing a timely notice of appeal within 20 days of the order or timely seeking an extension or showing adequate grounds for late filing could have preserved appellate jurisdiction.

Can this dismissal be appealed further?

Because the dismissal was for lack of jurisdiction based on a missed deadline, Mother may have limited options; she could consult counsel about possible extraordinary writs or relief from the trial court, but a direct further appeal of the dismissal is unlikely to succeed without demonstrating a basis to excuse the lateness.

In the Interest of D.W., D.B., and J.B., Children v. the State of Texas

Docket 02-26-00172-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

FamilyDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 2nd District (Fort Worth)
Type: Lead Opinion
Case type: Family
Disposition: Dismissed
Docket: 02-26-00172-CV

Appeal from a final order in a suit affecting the parent–child relationship (SAPCR) in the 325th District Court, Tarrant County, Texas

Summary

The appellate court dismissed Mother's appeal from a final order in a suit affecting the parent–child relationship because her notice of appeal was untimely. The trial court signed the final order on 2025-06-24, and the notice of appeal was required within 20 days (by 2025-07-14) for this accelerated appeal pathway. Mother did not file her notice until 2026-03-17, and she did not respond to the court's request to show grounds to retain the appeal. Because no timely notice or extension was filed, the court concluded it lacked jurisdiction and dismissed the appeal.

Issues Decided

Whether the appellate court has jurisdiction when the notice of appeal in an accelerated SAPCR appeal was filed more than 20 days after the order was signed
Whether any grounds were shown to permit retention of an untimely notice of appeal

Court's Reasoning

Texas rules require a notice of appeal in an accelerated appeal to be filed within 20 days after the order is signed; Mother filed her notice well after that deadline. Because no timely notice or extension was filed and Mother did not respond to the court's show-cause request explaining the delay, the court determined it lacked jurisdiction. Precedent and the appellate rules require dismissal when jurisdictional filing deadlines are not met.

Authorities Cited

Texas Rules of Appellate Procedure 26.1(b)
Texas Rules of Appellate Procedure 28.1(b)
Verburgt v. Dorner959 S.W.2d 615 (Tex. 1997)

Parties

Appellant: Mother
Judge: Panel: Birdwell, Bassel, and Womack, JJ.

Key Dates

Trial court order signed: 2025-06-24
Deadline for notice of appeal (20 days): 2025-07-14
Notice of appeal filed: 2026-03-17
Court notice to show grounds sent: 2026-03-19
Decision delivered: 2026-04-23

What You Should Do Next

1
Consult appointed counsel immediately
Discuss whether there are any grounds to seek post-judgment relief, a motion in the trial court, or an extraordinary writ that could excuse the untimely notice and restore appellate review.
2
Consider seeking relief in the trial court
Ask the trial court whether it can reopen proceedings or enter an order that would allow timely appellate action, and determine if any statute or rule provides relief for the delay.
3
Evaluate extraordinary remedies
With counsel, evaluate whether filing a petition for a writ (e.g., mandamus) or other extraordinary relief to the Texas Supreme Court could be appropriate based on the circumstances of the delay.

Frequently Asked Questions

What did the court decide?: The court dismissed Mother's appeal because her notice of appeal was filed too late and the court therefore lacks jurisdiction.
Who is affected by this decision?: Mother and the children involved in the suit affecting the parent–child relationship are affected because the trial court's final order remains in effect unless otherwise changed by further action.
What happens next?: Unless Mother obtains relief from the trial court (for example, a new order permitting appeal) or successfully files a timely petition for other extraordinary relief, the dismissal stands and the trial court's order remains enforceable.
Could Mother have avoided dismissal?: Yes. Filing a timely notice of appeal within 20 days of the order or timely seeking an extension or showing adequate grounds for late filing could have preserved appellate jurisdiction.
Can this dismissal be appealed further?: Because the dismissal was for lack of jurisdiction based on a missed deadline, Mother may have limited options; she could consult counsel about possible extraordinary writs or relief from the trial court, but a direct further appeal of the dismissal is unlikely to succeed without demonstrating a basis to excuse the lateness.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

In the
             Court of Appeals
     Second Appellate District of Texas
              at Fort Worth
           ___________________________
                No. 02-26-00172-CV
           ___________________________

IN THE INTEREST OF D.W., D.B., AND J.B., CHILDREN




        On Appeal from the 325th District Court
                Tarrant County, Texas
            Trial Court No. 325-746781-24


        Before Birdwell, Bassel, and Womack, JJ.
          Per Curiam Memorandum Opinion
                           MEMORANDUM OPINION

       Appellant Mother1 attempts to appeal the trial court’s “Final Order in Suit

Affecting the Parent–Child Relationship.” Mother filed her notice of appeal pro se,

but it appears that she is represented by court-appointed counsel.2

       The trial court signed its order on June 24, 2025; therefore, Mother’s notice of

appeal was due July 14, 2025. See Tex. R. App. P. 26.1(b) (providing that “in an

accelerated appeal, the notice of appeal must be filed within 20 days after the

judgment or order is signed”), 28.1(b) (stating that accelerated appeal is perfected by

filing notice of appeal within time allowed by Rule 26.1(b)). However, Mother did not

file her notice of appeal until March 17, 2026, making it untimely. See Tex. R. App. P.

26.1(b), 28.1(b).

       Without a timely filed notice of appeal or extension request, we do not have

jurisdiction over the appeal, and we must dismiss it. See Tex. R. App. P. 25.1(b),

26.1(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Howlett v. Tarrant

County, 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on

reh’g); see also Wheeler v. Green, 157 S.W.3d 439, 444 (Tex. 2005) (“[P]ro se litigants are


      In suits affecting the parent–child relationship (SAPCR), we use aliases for the
       1

names of the children and their parents. See Tex. Fam. Code Ann. § 109.002(d); Tex.
R. App. P. 9.8(b)(2).
       2
        In the SAPCR order, the trial court orders that Mother’s appointed counsel
“shall continue in that capacity until all appeals of a final order . . . are exhausted or
waived.” Mother’s appointed counsel has not filed a motion to withdraw in the trial
court or in this court.

                                            2
not exempt from the rules of procedure.”). On March 19, 2026, we notified Mother

and her appointed counsel of our concern that we lack jurisdiction over this appeal

because her notice of appeal was untimely. We warned her that we could dismiss this

appeal for want of jurisdiction unless she filed a response by March 30, 2026, showing

grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. We have not

received a response.

       Because Mother’s notice of appeal was untimely, we dismiss this appeal for

want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

                                                        Per Curiam

Delivered: April 23, 2026




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