Full Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00421-CV ___________________________ IN THE INTEREST OF A.-R.C.E., A CHILD On Appeal from the 325th District Court Tarrant County, Texas Trial Court No. 325-758249-24 Before Sudderth, C.J.; Wallach and Walker, JJ. Memorandum Opinion by Justice Wallach MEMORANDUM OPINION The Department of Family and Protective Services initially sought to terminate Appellant Mother’s parental rights to A.-R.C.E. on multiple grounds under Family Code Section 161.001(b) but ultimately asked the trial court to deny her possessory conservatorship and to make Appellee Father the child’s sole managing conservator. The trial court did so, and Mother appealed. After Mother’s appointed appellate counsel filed an Anders brief, we identified a deficiency in the clerk’s record and directed the trial court clerk to supplement it with the trial court’s order of monitored return, which affected calculation of the automatic-dismissal deadline and the trial court’s jurisdiction. See Tex. R. App. P. 34.5(c)(1), (3); see also Tex. Fam. Code §§ 263.401, .403; In re J.L., No. 02-26-00377-CV, 2026 WL 2617453, at *3–5 (Tex. App.—Fort Worth Sept. 3, 2026, pet. filed) (mem. op.). Specifically, after the monitored-return order, the new automatic-dismissal deadline became June 2, 2026, which is the same date on which the trial court held the trial.1 When trial on the merits does not commence before the automatic-dismissal date, the trial court lacks jurisdiction to hold the final trial, and its subsequent order is void. See J.L., 2026 WL 2617453, at *5; see also In re C.S., 740 S.W.3d 448, 451 (Tex. 2026) 1 The trial involved both A.-R.C.E.’s case and that of her younger sister R.E.-C., in trial court cause number 325-764271-25. Mother has appealed the trial court’s orders in both cases. The appeal in R.E.-C’s case is appellate cause number 02-26-00417-CV, and in that case we reach the same disposition. 2 (stating that if the trial court does not properly grant an extension before the automatic-dismissal date, it automatically loses jurisdiction); In re G.X.H., 627 S.W.3d 288, 301 (Tex. 2021) (stating that a trial court’s failure to timely extend the automatic-dismissal date before that date passes is jurisdictional). See generally Tex. Fam. Code §§ 263.401(c) (stating that if trial on the merits does not commence before the dismissal date, the trial court’s jurisdiction over the suit is terminated and the suit is automatically dismissed without a court order), .403(b)(2) (requiring new dismissal date not later than the 180th day after the monitored-return temporary order is rendered “unless a trial on the merits has commenced”). On September 16, 2026, we notified the parties of our concern that we might lack jurisdiction over the appeal.2 We asked Mother’s counsel or any party desiring to continue the appeal to file with the court, on or before Monday, September 28, 2026, a response explaining how the underlying suit had not been automatically dismissed. We have received no response. 2 See C.S., 740 S.W.3d at 450 (explaining that a court’s first duty is to ensure that its jurisdiction exists, that a court always has jurisdiction to determine its own jurisdiction, and that—on appeal—a superior court always has jurisdiction to assess the jurisdiction of a lower court). In C.S., the supreme court stated, “In light of [Section 263.401’s] jurisdictional command, a case that proceeds beyond the automatic-dismissal date should prompt the court and all parties to carefully ensure that the court’s jurisdiction remains secure.” Id. at 452 (“March 11 was the day the court would lose jurisdiction—its power over the case—unless it invoked [Section] 263.401(a)’s narrow exception to automatic dismissal before that date.”). 3 The record reflects that the trial court lost jurisdiction by operation of law. Accordingly, we vacate the trial court’s judgment and dismiss the case for lack of jurisdiction. See Tex. R. App. P. 43.2(e); C.S., 740 S.W.3d at 455; J.L., 2026 WL 2617453, at *5. /s/ Mike Wallach Mike Wallach Justice Delivered: October 15, 2026 4