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Chapter 26

Form 26-26

Include the following notice if a minor is named in the caption or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Notice of Appeal

This Notice of Appeal is filed by [name], [Petitioner/Respondent], a party to this pro­ceeding who seeks to alter the trial court’s judgment or other appealable order.

1.The trial court, cause number, and style of this case are as shown in the caption above.

2.The judgment or order appealed from was signed on [date].

3.[Name] desires to appeal from [all portions of the judgment/[specify ruling or por­tion of the order being appealed]].

4.This appeal is being taken to [[specify court]/either the First or Fourteenth Court of Appeals].

Include 5. if applicable.

5.This notice is being filed jointly by the following parties whose interests are aligned: [names].

Include 6. if applicable.

6.This is an accelerated appeal. [This is a case involving enforcement of the Uni­form Child Custody Jurisdiction and Enforcement Act./This is a parental termination case./This is a child protection case./This is not a case involving enforcement of the Uniform Child Custody Jurisdiction and Enforcement Act or a parental termination case or a child protection case but should be accelerated in the interest of justice because [state reasons appeal should be accelerated].]

Or

6.This is a restricted appeal, and:

a.The names and addresses of each party to the trial court’s judgment are: [names and addresses].

b.Appellant is a party affected by the trial court’s judgment who did not partic­ipate either in person or through counsel in the hearing resulting in the judg­ment being appealed.

c.Appellant did not timely file either a postjudgment motion, request for find­ings of fact and conclusions of law, or notice of appeal.

If the appellant is proceeding pro se on a restricted appeal, the notice of appeal must be verified. Tex. R. App. P. 25.1(d)(7)(D).

Include 7. if applicable.

7.Appellant is presumed indigent and may proceed without payment of costs.

   
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Certificate of Service

I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s lead counsel as fol­lows:

Name of person served: [[name of lead attorney], attorney for [name of party]/[name of unrep­resented party]]

Address of person served: [address]

Method of service: [by electronic filing manager/by email at [email address]/by fax at [fax number]/by personal delivery at [address]/by commercial delivery service at [address]/by certified mail at [address]/by first-class mail at [address]]

Date of service: ______________________________

Repeat for each party served.

I further certify that a true copy of this Notice of Appeal was delivered to the following court reporter(s):

Name of reporter:

Address of reporter:

Method of delivery:

Date of delivery: ______________________________

Repeat for each court reporter.

   
[Name]
Attorney for [Petitioner/Respondent]