CourtListener 10813217•In the Interest of E.D., a Child v. the State of Texas
In the Interest of E.D., a Child v. the State of Texas
CourtListener 10813217Txctapp219 mars 2026
Texte intégral
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00079-CV
___________________________
IN THE INTEREST OF E.D., A CHILD
On Appeal from the 442nd District Court
Denton County, Texas
Trial Court No. 20-10169-442
Before Birdwell, Bassel, Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Father,1 proceeding pro se, attempts to bring a restricted appeal of
the trial court’s “Order of Dismissal for Want of Prosecution.” See Tex. R. App. P. 30.
The trial court signed its order on March 4, 2025, so Father’s notice of appeal was due
September 4, 2025. See Tex. R. App. P. 26.1(c) (“[I]n a restricted appeal, the notice of
appeal must be filed within six months after the judgment or order is signed.”).
However, Father did not file his notice of appeal until February 5, 2026, making it
untimely. See id.
To sustain a restricted appeal, the filing party must show, among other things,
that he filed his notice of appeal within six months after the judgment was signed. See
Ex parte E.H., 602 S.W.3d 486, 495 (Tex. 2020). This requirement is jurisdictional in
this court. Id. at 497. Because Father did not file his notice of appeal within six
months after the trial court’s order was signed, we do not have jurisdiction over his
restricted appeal. See id.; Lab’y Corp. of Am. v. Mid-Town Surgical Ctr., Inc., 16 S.W.3d
527, 529 (Tex. App.—Dallas 2000, no pet.) (holding that court lacked jurisdiction
over restricted appeal because appellant did not file notice of appeal within six
months after judgment was signed).
We notified Father of our concern that we do not have jurisdiction over his
restricted appeal and warned him that we could dismiss the appeal for want of
1
In termination-of-parental-rights cases, we use aliases for the names of the
children and their parents. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P.
9.8(b)(2).
2
jurisdiction if he did not file a response showing grounds for continuing it. See Tex. R.
App. P. 42.3(a), 44.3. Father filed a response, but it does not show grounds for
continuing the appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See
Tex. R. App. P. 42.3(a), 43.2(f); Lab’y Corp. of Am., 16 S.W.3d at 529.
Per Curiam
Delivered: March 19, 2026
3
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