Opinion
No. 12-04-00251-CV
Opinion delivered October 29, 2004.
Appeal from the 321st Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION ON REHEARING
By opinion dated August 18, 2004, we dismissed this appeal, after notice, for want of jurisdiction due to an untimely notice of appeal. In the Interest of L.S.B., No. 12-04-00251-CV, 2004 WL 1854246 (Tex. App-Tyler Aug. 18, 2004, no pet.). On August 30, 2004, Appellant filed a motion for rehearing explaining the reason for the untimely filing. We requested a response from Appellee, but none has been filed.
A motion for extension of time is implied when, as here, a party, acting in good faith, perfects an appeal within the fifteen-day period in which Texas Rule of Appellate Procedure 26.3 permits parties to file a motion to extend. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, an appellant is still obligated to come forward with a reasonable explanation to support the late filing. Harlan v. Howe State Bank, 958 S.W.2d 380, 381 (Tex. 1997); Boyd v. American Indem. Co., 958 S.W.2d 379, 380 (Tex. 1997); see also Tex.R.App.P. 10.5(b)(1)(C) (motion to extend time must include facts relied on to reasonably explain the need for an extension). The motion for rehearing filed by Appellant in the instant case includes facts sufficient to establish good cause for failure to timely file the notice of appeal. Accordingly, the motion for rehearing is granted and this appeal is reinstated.