in the Interest of R.B.M., L.F.M., M.L.M., P.M.M., and A.D.M., Children, 338 S.W.3d 755

Appellant Luis Damian Mendez sought to appeal a July 13, 2010 termination of parental rights concerning five children.
Appeal was filed September 1, 2010 in the accelerated appeal regime under Tex. Fam. Code § 109.002.
Motion for new trial was timely, but accelerated appeal timetable applies and does not extend under Rule 26.3.
Court notified parties that it intended to dismiss for want of jurisdiction due to untimely filing.
Appellant argued three instruments purportedly invoked appellate jurisdiction: a motion for new trial/points, an order under Tex. Fam. Code § 263.405, and an affidavit of indigence.
Court held none of the instruments created jurisdiction and dismissed the appeal for lack of jurisdiction; ineffective-assistance claim dismissed to the extent it sought to excuse untimeliness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellant invoked jurisdiction bona fide.	Mendez argues the three instruments invoked jurisdiction.	Court held none clearly invoked jurisdiction.	No jurisdiction; appeal dismissed.
Whether ineffective assistance to file timely appeal preserves jurisdiction.	Ineffective assistance could allow an out-of-time appeal.	No authority to suspend rules; preservation issues do not create jurisdiction.	No jurisdiction; dismissal affirmed.

In re K.A.F., 160 S.W.3d 927 (Tex. 2005) (motion for new trial not jurisdictional; preserves issues)
In re J.H.G., 302 S.W.3d 304 (Tex. 2010) (statement of appellate points not jurisdictional)
In re J.W., 52 S.W.3d 730 (Tex. 2001) (indigence affidavit essential to appeal; not jurisdictional)
Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499 (Tex. 1991) (clarifies concept of bona fide invocation of jurisdiction)
Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) (grants grace period interpretation for extension of time)