Opinion
04-22-00838-CV
01-05-2023
IN THE INTEREST OF D.J.T., JR., ET AL.
From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA01547 Honorable Kimberly Burley, Judge Presiding
REBECA C. MARTINEZ CHIEF JUSTICE PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ LORI I. VALENZUELA JUSTICES
ORDER
PER CURIAM
Appellant attempts to appeal the trial court's Final Order in Suit Affecting the Parent-Child Relationship. The trial court signed the order on November 9, 2022. Because this is an accelerated appeal, the notice of appeal was due November 29, 2022. See TEX. R. APP. P. 26.1(b); TEX. FAM. CODE ANN. § 263.405(a). Appellant filed her notice of appeal on December 13, 2022. Although the appellant filed a notice of appeal within the fifteen-day grace period allowed by rule 26.3, she did not file a motion for extension of time. See id. 26.3.
A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by rule 26.1 but within the fifteen-day grace period provided by rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C).
We therefore ORDER the appellant to file, on or before January 20, 2023, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If the appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
It is so ORDERED.