From Casetext: Smarter Legal Research

In re Interest of B.F.

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-17-00421-CV (Tex. App. Jun. 1, 2017)

Opinion

NO. 14-17-00421-CV

06-01-2017

IN THE INTEREST OF B.F., P.M.F. AKA P.F., CHILDREN


On Appeal from the 313th District Court Harris County, Texas
Trial Court Cause No. 2016-02643J

ORDER

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue. The judgment was signed May 2, 2017. The notice of appeal was due within 20 days, which was May 22, 2017. See Tex. R. App. P. 26.1(b), 28.4(a). Appellant D.F., however, filed her notice of appeal on May 26, 2017, a date within 15 days of the due date for the notice of appeal.

A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).

Accordingly, we ORDER appellant D.F. to file a proper motion to extend time to file the notice of appeal by June 12, 2017. See Tex. R. App. P. 26.3, 10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM


Summaries of

In re Interest of B.F.

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-17-00421-CV (Tex. App. Jun. 1, 2017)
Case details for

In re Interest of B.F.

Case Details

Full title:IN THE INTEREST OF B.F., P.M.F. AKA P.F., CHILDREN

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 1, 2017

Citations

NO. 14-17-00421-CV (Tex. App. Jun. 1, 2017)