deadlines
Short Deadlines When Appealing Termination
April 07, 2009
When the Texas Department of Family and Protective
Services convinces a court to terminate parental
rights, the appellate deadlines and procedures are,
respectively, short and detailed. Because termination
cases are accelerated appeals, a notice of appeal
must be filed within twenty days of the day the order
is signed. Further, a motion for new trial will not
extend the appellate deadlines. In addition, as The
Tyler Court of Appeals reminds in In the Interest
of M.T., 290 S.W.3d 908 (Tex. App. - Tyler 2009),
the appealing parent must file a statement of points
to be raised on appeal within fifteen days of the
judgment under Tex. Fam. Code § 263.405.
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Two Deadlines Slipped By
April 03, 2009
Houston's First District dismissed an appeal in a
modification case when the appellant did not request
a de novo appeal of the associate judge's ruling, the
district judge then adopted that ruling, and the
appellant moved to void the associate judge's ruling
more than thirty days later. To appeal an associate
judge's ruling, one must request a de novo hearing,
in writing, within three working days of receiving
notice of the associate judge's decision. One must
either appeal a case, or move for a new trial (or the
like), within thirty days of the trial court's
decision. Otherwise, the court of appeals has no
jurisdiction to hear the appeal. Colley v.
Hickerson, No. 01-08-00154-CV (Tex. App. -
Houston [1st Dist.] Mar. 12, 2009).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas