Opinion
No. 04-20-00340-CV
11-10-2020
IN THE INTEREST OF A.R., JR., A CHILD
From the 293rd Judicial District Court, Zavala County, Texas
Trial Court No. 18-03-14124-ZCV
Honorable Maribel Flores, Judge Presiding
ORDER
On October 6, 2020, we ordered appellant to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). The law provides that any plausible statement of circumstances indicating that the failure to timely file the notice of appeal was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance should be accepted as a reasonable explanation. Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989). Under this standard, any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake, or mischance, even if that conduct can also be characterized as professional negligence. Id. Appellant timely responded to our order, indicating that the error occurred because of the confusion caused by trial counsel withdrawing from the case and the trial court signing an amended judgment. The explanation is reasonable. See id. We, therefore, GRANT the motion for extension of time to file appellant's notice of appeal and ORDER this appeal RETAINED on the court's docket.
The reporter's record has not been filed. The court reporter filed a notification of late record stating that she has not filed the reporter's record because appellant has not paid the reporter's fee and she is unaware of the date of the trial. This is a parental termination case in which the trial court found appellant to be indigent. The trial took place on May 13, 2019. Therefore, we ORDER the court reporter to prepare and file the reporter's record of the trial on or before December 11, 2020. Appellant's brief will be due no later than twenty (20) days after the reporter's record is filed.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court