In re M.O.

Full title: IN THE INTEREST OF M.O., A CHILD

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: May 6, 2019

No. 05-19-00413-CV (Tex. App. May. 6, 2019)

Opinion

No. 05-19-00413-CV

05-06-2019

IN THE INTEREST OF M.O., A CHILD

ROBERT D. BURNS, III CHIEF JUSTICE

On Appeal from the 256th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-13-19769-Z

ORDER

Before the Court is appellant's April 19, 2019 motion for extension of time to file notice of appeal. Appellant explains the notice of appeal was electronically filed April 4, 2019, the twentieth day after the judgment was signed, but was rejected by a deputy district clerk because of a typographical error. As a result, a second notice of appeal was filed April 5^th. That notice of appeal was subsequently amended on April 9^th. Appellant asks the Court to deem the notice of appeal filed April 4^th timely or, alternatively, extend the time for filing the notice of appeal to April 9^th.

Texas Rule of Civil Procedure 21(f)(5) deems an electronically filed document filed when transmitted to the electronic filing service provider. See TEX. R. CIV. P. 21(f)(5). Accordingly, we GRANT the motion to the extent the appeal is deemed to have been filed April 4^th.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE