Opinion
No. 10-14-00186-CV
09-04-2014
IN THE INTEREST OF C.G. A CHILD, Appellant
From the County Court at Law Ellis County, Texas
Trial Court No. 85553CCL
MEMORANDUM OPINION
On June 20, 2014 Carla Arisano and Brock Brinkman filed a notice of appeal from the trial court's issuance of a protective order on March 21, 2014. The notice of appeal appears to be untimely filed. The notice of appeal from the trial court indicates that no motion for new trial was filed. Appellants indicate that "329b motions" were filed. A motion for extension of time to file the notice of appeal is necessarily implied if the notice of appeal is filed within 15 days of the date notice is due; but Appellant must still supply a reasonable explanation for the late filing of the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellants have not filed any explanation for the late filing of the notice of appeal.
By letter dated July 11, 2014, the Clerk of this Court notified Appellants that the appeal was subject to dismissal because it appeared that the notice of appeal was untimely. See TEX. R. APP. P. 26.1. The Clerk also warned Appellants that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. Appellants have not filed a response.
Additionally, this Court sent a notice that the appeal was subject to dismissal because a docketing statement had not been filed. TEX. R. APP. P. 32.1; TEX. R. APP. P. 42.3(b), (c). No docketing statement has been filed.
Accordingly, this appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 4, 2014
[CV06]