Opinion
No. 04-20-00330-CV
07-20-2020
IN THE INTEREST OF J.O.H., a child
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2019-PA-00260
Honorable Peter A. Sakai, Judge Presiding
ORDER
This is an accelerated appeal from an order terminating parental rights. TEX. FAM. CODE ANN. § 109.002(a); In re K.A.F., 160 S.W.3d 923, 925 (Tex. 2005). A notice of appeal in an accelerated appeal must be filed within twenty days after the date the judgment is signed. TEX. R. APP. P. 26.1. We may extend the time to file a notice of appeal if, within fifteen days after the deadline to file the notice of appeal, a party properly files a motion for extension of time. See id. R. 10.5(b), 26.3. 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 extension period provided by Rule 26.3. TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997).
Here, the trial court signed a final order of termination on March 23, 2020, making appellant's notice of appeal due by April 14, 2020. See TEX. R. APP. P. 26.1. Appellant did not file a notice of appeal until June 22, 2020. "[O]nce 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. See Verburgt, 959 S.W.2d at 617. Because the notice of appeal was untimely filed, we ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by July 30, 2020. See id. If appellant fails to respond by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of July, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court