In the Interest of J.I.O.O. and J.I.O.O., Children v. the State of Texas

DISMISS and Opinion Filed July 30, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00784-CV

IN THE INTEREST OF J.I.O.O. AND J.I.O.O., CHILDREN

On Appeal from the 470th Judicial District Court
Collin County, Texas
Trial Court Cause No. 470-52919-2022

MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Carlyle
Opinion by Chief Justice Burns
Before the Court is appellant’s motion for an extension of time to file his

notice of appeal. Appellant appeals from the trial court’s February 29, 2024 final

decree of divorce. Because appellant filed a timely motion for new trial, the notice

of appeal was due on May 29, 2024 or, with an extension motion, June 13, 2024.

See TEX. R. APP. P. 26.1(a) (providing ninety-day deadline for filing notice of

appeal), 26.3 (providing for fifteen-day extension of time to file notice of appeal).

Appellant filed a notice of appeal on July 1, 2024, eighteen days past the last possible

due date.
In his motion, appellant asks that we allow his late-filed appeal. However,

this Court lacks the authority to do so. See id. 2 (appellate court cannot suspend

rules to alter time for perfecting appeal); Mitschke v. Borromeo, 645 S.W.3d 251,

260 (Tex. 2022) (“[T]he absence of a timely notice of appeal prevents the appellate

court from ever exercising jurisdiction in the first place.”). Accordingly, we deny

appellant’s motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP.

P. 42.3(a).

/Robert D. Burns, III/
ROBERT D. BURNS, III
240784F.P05 CHIEF JUSTICE

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

IN THE INTEREST OF J.I.O.O. On Appeal from the 470th Judicial
AND J.I.O.O., CHILDREN District Court, Collin County, Texas
Trial Court Cause No. 470-52919-
No. 05-24-00784-CV 2022.
Opinion delivered by Chief Justice
Burns. Justices Molberg and Carlyle
participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

It is ORDERED that appellee Candace Marie Oyenuga recover her costs of
this appeal from appellant Kazim Oladotun Oyenuga.

Judgment entered July 30, 2024

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