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In re A.M.E.

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-14-00036-CV (Tex. App. Apr. 2, 2014)

Opinion

No. 04-14-00036-CV

04-02-2014

IN THE INTEREST OF A.M.E.


MEMORANDUM OPINION


From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2009-PA-00043

Honorable Barbara Hanson Nellermoe, Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Marialyn Barnard, Justice
DISMISSED

The trial court signed a final judgment on July 10, 2013. On January 14, 2014, appellant filed a notice of restricted appeal. A notice of restricted appeal must be filed within six months after the judgment is signed. See TEX. R. APP. P. 26.1(c). Therefore, the notice of appeal was due to be filed on January 10, 2014, four days before appellant filed his notice of appeal. A motion for extension of time to file the notice of appeal was due on January 27, 2014. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, he did not file a motion for extension of time.

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 Texas Rule of Appellate Procedure 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).

Therefore, on February 24, 2014, we ordered appellant to file, within fifteen days, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. We explained that if appellant failed to respond within the time provided, the appeal would be dismissed. See TEX. R. APP. P. 42.3(c). Appellant failed to respond. We therefore dismiss this appeal.

PER CURIAM


Summaries of

In re A.M.E.

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-14-00036-CV (Tex. App. Apr. 2, 2014)
Case details for

In re A.M.E.

Case Details

Full title:IN THE INTEREST OF A.M.E.

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 2, 2014

Citations

No. 04-14-00036-CV (Tex. App. Apr. 2, 2014)