By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Notice of appeal must be filed not later than
30 days following disposition (00-1-07).
On December 22, 1999, the San Antonio Court of Appeals held that the rule
that notice of appeal must be filed not later than 30 days after disposition was
not changed by the 1997 amendment to section 56.01(b) of the Family Code.
00-1-07. In the Matter of J.C.H., Jr., ___ S.W.3d ___, 1999 WL 1244424, 1999
Tex.App.Lexis ___ (Tex.App.óSan Antonio 12/22/99)[Texas Juvenile Law 320 (4th
Edition 1996)].
Facts: On April 2, 1998, appellant was adjudicated a delinquent and given a
determinate sentence of seven years confinement at the Texas Youth Commission.
On September 13, 1999, appellant filed a notice of appeal "in accordance
with section 56.01 of the Texas Family Code and Rule 25.1 of the Texas Rules of
Appellate Procedure."
Held: Appeal Dismissed.
Opinion Text: Section 56.01(b) permits the appeal of an order of adjudication
notwithstanding that the adjudication order was signed more than 30 days before
the date of the notice of appeal. This language is the product of a 1997
amendment to the Family Code to permit review of adjudication issues even though
the adjudication occurred more than 30 days prior to the disposition of
sentence. See Sampson & Tindall's Texas Family Code Annotated, ß 56.01(b)
and cmt. at 221-223. The change is meant to protect all the juvenile's appellate
issues when the time between adjudication of guilt and disposition or sentencing
exceeds thirty days. The juvenile need no longer struggle with the decision to
appeal the guilt/innocence phase of the proceeding before learning what the
punishment is. The language is unfortunately ambiguous, however, because, if
read literally, it could be construed to permit an indefinite right of appeal on
the guilt/innocence stage whenever it occurred even though the disposition had
long since caused the rendition of a final judgment. This could lead to
difficulties in retaining records for purposes of appeal, and similar problems
with prosecuting an appeal long after the evidentiary hearing or trial occurred.
We do not believe that the legislature intended to generate this result with the
chosen language. Rather, the more logical construction of the amendment is that
issues relating to adjudication may be appealed within the time provided for
timely appeal of the disposition order.
Juvenile appeals proceed under the rules governing civil cases generally. See
Tex. Fam.Code Ann. ß 56.01(b) (Vernon Supp.1999). The rules of appellate
procedure governing civil cases require the notice of appeal to be filed within
30 days of the signing of a judgment or, in this case, the order of disposition,
to be timely. See Tex.R.App. P. 26.1. Because appellant did not file a motion
for new trial, motion to modify the judgment, motion for reinstatement, or
request for findings of fact and conclusions of law, the notice of appeal was
due to be filed on May 2, 1998. The notice filed September 7, 1999, is untimely
and fails to invoke our jurisdiction. Accordingly, the appeal is dismissed for
want of jurisdiction.