Opinion
04-23-00232-CV
04-14-2023
IN THE INTEREST OF A.N.S., A.S. AND J.T., Children,
From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2021-PA-01466 Honorable Lisa Jarrett, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On March 24, 2023, this court ordered Appellant Brittany Nicole Smith to provide a reasonable explanation for filing a late notice of appeal by April 3, 2023. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On April 10, 2023, Appellant filed an explanation of late notice regarding the court reporters.
We order Appellant to show cause in writing within five days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 10.5(b) (requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (reasonable explanation); Tex.R.App.P. 42.3(a) (dismissal for want of jurisdiction). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).
We will consider as reasonable "any plausible statement of circumstances indicating that failure to file within the [required] period was not deliberate or intentional, but was the result of inadvertence, mistake or mischance." Garcia, 774 S.W.2d at 669 (citing Meshwert v. Meshwert, 549 S.W.2d 383 (Tex. 1977)).
In addition, we previously ordered Appellant Smith to file an amended notice of appeal that indicates that the appeal is accelerated and that identifies minors with aliases instead of names. We now reiterate our March 24, 2023 order. Appellant Smith must file an amended notice of appeal within five days that 1) states that her appeal is accelerated, and 2) uses initials instead of names to identify minors.
Id. R. 9.8(b)(1)(A)