Opinion
No. 04-13-00616-CV
2013-09-16
IN THE INTEREST OF D.S., A CHILD
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-02108
Honorable Fred Shannon, Judge Presiding
ORDER
This is an accelerated appeal of the trial court's order terminating appellant's parental rights. The trial court signed a final order on July 18, 2013; therefore, the notice of appeal was due to be filed on August 7, 2013. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on August 22, 2013. See TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on August 27, 2013, and did not file a motion for extension of time.
The notice of appeal makes a reference to the final order not being received until August 19, 2013; however, the record contains no indication that appellant complied with TEX. R. CIV. P. 306a.5 in order to gain additional time to file the notice of appeal. See TEX. R. APP. P. 4.2(b).
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.
It is therefore ORDERED that appellant show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for lack of jurisdiction.
______________________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of September, 2013.
______________________
Keith E. Hottle
Clerk of Court