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In re J.A.D.B.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2021
No. 04-21-00505-CV (Tex. App. Nov. 29, 2021)

Opinion

04-21-00505-CV

11-29-2021

IN THE INTEREST OF J.A.D.B., a Child


From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA00164 Honorable Charles E. Montemayor, Judge Presiding

ORDER

PATRICIA O. ALVAREZ, JUSTICE

In this suit affecting the parent-child relationship, the trial court signed a final order on October 13, 2021. A notice of appeal was due on November 2, 2021. See Tex. R. App. P. 26.1(b), 28.1(b); In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005). A motion for extension of time to file the notice of appeal was due on November 17, 2021. See Tex. R. App. P. 26.3.

Appellant filed her notice of appeal on November 12, 2021; this was after the notice of appeal was due but within the period to file a motion for extension of time to file the notice of appeal. Appellant did not file a motion for extension of time.

Nevertheless, we implied a motion for extension of time, see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), and we ordered Appellant to file a motion that reasonably explained the need for an extension. See Tex. R. App. P. 26.3 (citing Tex.R.App.P. 10.5(b)); In re E.K.C., 486 S.W.3d 614, 616 (Tex. App.-San Antonio 2016, no pet).

Appellant timely filed a compliant motion as ordered.

Appellant's motion for extension of time to file a notice of appeal is GRANTED. Appellant's notice of appeal is deemed timely filed. See id. R. 26.3.

We REINSTATE the appellate timetable. The reporter's record is due within THIRTY DAYS of the date of this order.


Summaries of

In re J.A.D.B.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2021
No. 04-21-00505-CV (Tex. App. Nov. 29, 2021)
Case details for

In re J.A.D.B.

Case Details

Full title:IN THE INTEREST OF J.A.D.B., a Child

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 29, 2021

Citations

No. 04-21-00505-CV (Tex. App. Nov. 29, 2021)