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Click here for the full text of this decision FACTS:Louis Faucheaux petitioned the trial court to involuntarily terminate Susan Carroll’s parental rights to their daughter, K.A.F. The jury found that Carroll’s rights should be terminated, and the trial court signed a final order of termination on Nov. 3, 2003. On Nov. 10, 2003, Carroll filed a Motion for New Trial: Alternatively, Motion to Modify the Judgment, which the trial court denied a week later. Carroll filed a notice of appeal on Jan. 16, 2004, seventy-four days after the trial court signed its final order. The court of appeals dismissed the appeal for want of jurisdiction, holding that, because Carroll’s notice of appeal was filed more than 20 days after the judgment was signed, the notice was untimely under Texas Rule of Appellate Procedure 26.1(b), which governs accelerated appeals and applies to parental rights termination cases. HOLDING:Affirmed. Carroll argues that, although Rule 26.1(b) governs accelerated appeals and sets a twenty-day deadline, Rule 26.1(a) should operate to extend the filing deadline to 90 days, even in an accelerated appeal, when a timely motion to modify the judgment is filed. To support her interpretation, Carroll cites Rules 28.1 and 28.2, which provide that appeals from interlocutory orders and quo warrantor proceedings are accelerated and that “[f]iling a motion for new trial will not extend the time to perfect the appeal.” From this language, Carroll infers that filing one of the other post-judgment motions listed in Rule 26.1(a), like a motion to modify the judgment, will extend the time to perfect an appeal from those two types of judgments. Carroll then argues that a similar rule should apply to other types of accelerated appeals and that her timely filed motion to modify the judgment thus extended the appellate deadline to 90 days. The court finds this argument unpersuasive. The language of Rule 26.1(b) is clear and contains no exceptions to the twenty-day deadline. Rules 28.1 and 28.2 specifically apply only to interlocutory orders and quo warrantor proceedings, respectively. Before the procedural rules were amended in 1997, it was clear that there was no exception to the accelerated-appeal deadline, and the court finds no indication that such a major change was intended. Carroll’s argues that, even if her notice of appeal was untimely, her motion for new trial, which was filed within 20 days after the judgment was signed, was sufficient in itself to perfect an appeal. The court concludes that a motion for new trial is not an instrument that may be considered a bona fide attempt to invoke the appellate court’s jurisdiction under Grand Prairie Indep. Sch. Dist. v. S. Parts Imps. Inc., 813 S.W.2d 499 (Tex. 1991) and Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) line of cases. The court holds that, although Carroll’s motion for new trial was timely filed and preserved her request for a second chance in the trial court, it did not operate to timely perfect her appeal. Carroll raises two constitutional issues. First, Carroll contends she received ineffective assistance of counsel and should be allowed to pursue an out-of-time appeal. Second, she argues 109.002 of the Family Code, which provides that appeals in parental rights termination cases shall be accelerated and governed by the rules of appellate procedure for accelerated appeals, is unconstitutional as applied. However, Carroll waived these arguments by failing to raise them in the court of appeals. OPINION:O’Neill, J., delivered the court’s opinion.

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