Unreported / Non-Citable
Background
B.F. sought to appeal the trial court’s February 11, 2026 “Order in Suit Affecting the Parent–Child Relationship.” Because B.F. timely moved for a new trial, Texas Rule of Appellate Procedure 26.1(a)(1) extended the deadline for his notice of appeal to May 12, 2026—90 days after the order was signed.
B.F. did not file his notice of appeal until June 17, 2026. The court of appeals notified the parties that it appeared to lack jurisdiction and gave them until June 29 to establish grounds for continuing the appeal. No party responded.
The Court’s Holding
The Texas Second Court of Appeals dismissed the appeal for want of jurisdiction. It held that the deadline for filing a notice of appeal is jurisdictional and that B.F.’s June 17 notice was untimely.
Because B.F. neither timely filed the notice nor timely requested an extension, the court concluded that it was required to dismiss the appeal.
Key Takeaways
- A timely motion for new trial made B.F.’s notice of appeal due 90 days after the challenged order was signed.
- Filing the notice more than a month after that deadline did not invoke the appellate court’s jurisdiction.
- No party responded when the court requested grounds for allowing the appeal to continue.
Why It Matters
The decision underscores that appellate deadlines are jurisdictional in Texas. Even when a timely motion for new trial extends the deadline, an appellant must file the notice of appeal—or a permissible extension request—within the applicable time to preserve appellate review.