Opinion
04-22-00257-CV
06-16-2022
IN THE INTEREST OF A.S., A.S. AND S.A.S., Children
From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2018-FLD-002274-D1 Honorable Selina Nava Mireles, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
The trial court signed a final appealable order on April 4, 2022. Because this is an accelerated appeal, the notice of appeal was due by April 25, 2022. See Tex. R. App. P. 26.1(b). A motion for extension of time to file the notice of appeal was due by May 10, 2022. See Tex. R. App. P. 26.3. Appellant filed their notice of appeal on April 29, 2022-within the time allowed for filing a motion for extension of time to file the notice of appeal.
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 the predecessor to Rule 26). But "once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." Id.
Because the notice of appeal was untimely filed but within the fifteen-day grace period, we ORDER appellant to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner by June 27, 2022. If appellant fails to respond within the time provided, the appeal will be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(c). All other appellate deadlines are suspended until further order of this court.