Opinion
No. 04-15-00769-CV
12-10-2015
IN THE INTEREST OF A.G.R., et al children
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 14-09-0581-CVW
Honorable Melissa Uram-Degerolami, Judge Presiding
ORDER
Appellant seeks to appeal from a final order terminating her parental rights. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405. The trial court signed the final order of termination on October 8, 2015. Because this is an accelerated appeal, the notice of appeal was due on October 28, 2015. See TEX. R. APP. P. 26.1(b) (requiring notice of appeal to be filed within twenty days after the judgment is signed in an accelerated appeal); see also TEX. FAM. CODE ANN. § 263.405(c) (filing of a motion for new trial does not extend the appellate deadline). A motion for extension of time to file the notice of appeal was therefore due on November 14, 2015. See TEX. R. APP. P. 26.3 (providing a fifteen-day grace period after the deadline for filing notice of appeal). Appellant filed her notice of appeal on November 11, 2015, within the fifteen-day grace period allowed for filing a motion for extension of time to file the notice of appeal; however, no motion for extension was filed. See TEX. R. APP. P. 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 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).
It is therefore ORDERED that appellant file, within ten (10) days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
All appellate deadlines in this matter are suspended until further order of this court.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of December, 2015.
/s/_________
Keith E. Hottle
Clerk of Court