Opinion
No. 04-13-00616-CV
2013-10-03
IN THE INTEREST OF D.S., A CHILD
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-02108
Honorable Fred Shannon, Judge Presiding
ORDER
This is an accelerated appeal of the trial court's order terminating appellant's parental rights. The trial court signed a final order on July 18, 2013; therefore, the notice of appeal was due to be filed on August 7, 2013. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on August 22, 2013. See TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on August 27, 2013, and did not file a motion for extension of time.
On September 16, 2013, appellant was ordered to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded with an affidavit from his attorney stating that he did not receive notice of the judgment until August 23, 2013, four days before he filed the notice of appeal. It is therefore ORDERED that the notice of appeal was timely filed. TEX. R. CIV. P. 306a; TEX. R. APP. P. 2, 4.2.
The reporter's record was due to be filed in this appeal on September 6, 2013; however, the reporter's record has not been filed. It is therefore ORDERED that the reporter's record be filed in this appeal no later than ten days from the date of this order. REQUESTS FOR EXTENSIONS OF TIME TO FILE THE REPORTER'S RECORD WILL BE DISFAVORED. See TEX. R. JUD. ADMIN. 6.2 (requiring appeals of orders terminating parental rights to be disposed of by this court within 180 days of the date the notice of appeal is filed).
____________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of October, 2013
____________
Keith E. Hottle
Clerk of Court