Case Information

*1 C HIEF J USTICE L ISA M ATZ C AROLYN W RIGHT C LERK OF THE C OURT (214) 712-3450 J USTICES theclerk@5th.txcourts.gov D AVID L. B RIDGES M OLLY F RANCIS G AYLE H UMPA D OUGLAS S. L ANG B USINESS A DMINISTRATOR E LIZABETH L ANG -M IERS (214) 712-3434 R OBERT M. F ILLMORE gayle.humpa@5th.txcourts.gov Court of Appeals L ANA M YERS D AVID E VANS F ACSIMILE Fifth District of Texas at Dallas D AVID L EWIS (214) 745-1083 A DA B ROWN 600 C OMMERCE S TREET , S UITE 200 C RAIG S TODDART I NTERNET D ALLAS , T EXAS 75202 B ILL W HITEHILL WWW . TXCOURTS . GOV /5 THCOA . ASPX (214) 712-3400 D AVID J. S CHENCK

April 10, 2015

Mr. Neil Noble

P.O. Box 601464

Dallas , TX, 75360-1464

RE: Court of Appeals Number: 05-15-00423-CV

Trial Court Case Number: MI-15-00087

Style: In The Best Interest and Protection of N.N.

Dear Mr. Noble:

We have reviewed the clerk’s record in the above case and have a question concerning our jurisdiction. Specifically, it appears your notice of appeal is untimely. Your notice of appeal indicates that you desire to appeal the trial court’s January 22, 2015 orders for temporary in- patient mental health services and for administration of psychoactive medication. The order for in-patient services was modified on February 19, 2015 to provide for court ordered out-patient services. The temporary commitment statute provides a notice of appeal for court ordered mental health services must be filed not later than the 10th day after the date on which the order is signed. T EX . H EALTH & S AFETY C ODE A N n. § 574.070. Appeals of orders compelling the administration of medication must also be filed within a ten-day period. T EX . H EALTH & S AFETY C ODE A N n. § 574.070.

The statute does not provide for extension of this period by filing a motion for new trial or to modify the judgment. See Johnstone v. State , 988 S.W.2d 950, 956 (Tex. App.—Houston [1st Dist.] 1999), rev'd on other grounds , 22 S.W.3d 408 (Tex. 2000) (per curiam). 1 Your notice of appeal was not filed within ten days of the date of any of the trial court’s orders. Without a timely filed notice of appeal, this Court lacks jurisdiction. See T EX . R. A PP . P. 25.1(b).

So that this Court can determine its jurisdiction over this appeal, you are requested to file, within 10 days of the date of this letter , a jurisdictional letter brief of no more than 3 pages 1 The extension provisions of rule 26.3 of the Texas Rules of Appellate Procedure do apply to temporary commitment orders. In re J.A ., 53 S.W.3d 869, 871 (Tex. App.—Dallas 2001, no pet.). In this case, application of the extension provisions of rule 26.3 would not render the appeal timely, however.

explaining how this Court has jurisdiction over this appeal. Alternatively, you may file a motion to dismiss the appeal. Appellee may file a responsive letter brief of no more than 3 pages within 10 days of appellant’s brief. If either party will be relying on information not in the record before this Court that party must obtain a supplemental clerk’s record from the trial court containing that information. The deadline for filing the reporter’s record is suspended.

After it has received briefs regarding the jurisdictional issue, the Court will either: (1) order the appeal dismissed for want of jurisdiction; or (2) notify the parties by letter that the Court has jurisdiction over the appeal and, if appropriate, of any pending deadlines. We caution you that failure to file a jurisdictional brief may result in dismissal of the appeal without further notice.

Respectfully,

/s/ Lisa Matz, Clerk of the Court cc

Ms. Susan Hawk

Dallas County District Attorney

Frank Crowley Courts Building

133 N. Riverfront Blvd., LB 19

Dallas, TX, 7520

Ms. Mona Lisa Richard

Official Court Reporter

Probate Court No. 3

Records Building Annex

509 Main St., 2nd Floor

Dallas, Texas 75202 7

LM/bm

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