Opinion
04-24-00292-CV
05-08-2024
IN THE INTEREST OF J.A.D., a Child
From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2022PA01747 Honorable Raul Perales, Judge Presiding
ORDER
PER CURIAM
Appellant attempts to appeal the trial court's order terminating her parental rights to her child J.A.D. The trial court signed the order on March 25, 2024. Because this is an accelerated appeal, the notice of appeal was due April 15, 2024. See Tex. R. App. P. 26.1(b); Tex. Fam. Code Ann. § 263.405(a). Appellant filed her notice of appeal on April 25, 2024. Although the appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension of time. See id. 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 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). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id; Tex. R. App. P. 26.3, 10.5(b)(1)(C).
We therefore ORDER the appellant to file, on or before May 20, 2024, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If the appellant fails to respond within the time provided, this appeal may be dismissed. See Tex. R. App. P. 42.3(c).
It is so ORDERED.