Z. H. v. Department of Family and Protective Services

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MEMORANDUM ORDER

Appellant, Z. H., attempts to appeal from the trial court’s April 22, 2010 final decree terminating her parental rights to the minor child who is the subject of this suit and granting sole managing conservatorship of the minor child to the Department of Family and Protective Services.

An appeal from a judgment terminating parental rights is an accelerated appeal. TEX. FAM. CODE ANN. §§ 109.002(a), 263.405(a) (Vernon 2008). In an accelerated appeal, absent a motion to extend time under Texas Rule of Civil Procedure 26.3, “the deadline for filing a notice of appeal is strictly set at twenty days after the judgment is signed, with no exceptions. . . .” In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005); see TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal must be filed within fifteen days after the twenty-day deadline for filing a notice of appeal. See TEX. R. APP. P. 26.3; K.A.F., 160 S.W.3d at 927. A motion for new trial does not extend the appellate deadlines in a case in which the Texas Department of Family and Protective Services has filed a suit requesting termination of parental rights. See TEX. FAM. CODE ANN. § 263.405(c);

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Z. H. v. Department of Family and Protective Services

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