Opinion
04-24-00337-CV
05-17-2024
IN THE INTEREST OF J.D.R., a Child
From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2023PA00893 Honorable Lisa Jarrett, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On April 23, 2024, the trial court signed an order terminating Appellant's parental rights to his child J.D.R. A notice of appeal was due on May 13, 2024. See TEX. R. APP. P. 26.1(B).
On May 15, 2024, after the deadline to file the notice of appeal but within fifteen days after the deadline, Appellant filed a notice of appeal in the trial court, see TEX. R. APP. P. 26.3(a), and a motion for an extension of time to file a notice of appeal in this court, see TEX. R. APP. P. 26.3(b) (requiring “a motion complying with Rule 10.5(b)”).
Rule 10.5(b) requires the movant to state "the facts relied on to reasonably explain the need for an extension." TEX. R. APP. P. 10.5(b)(1)(C).
In the motion for extension of time to file a late notice of appeal, Appellant's court-appointed appellate counsel states that "Appellant failed to timely notify counsel of the desire to appeal this matter." Counsel added that Appellant "had made no indication of such desires until [the day after the notice was due] and did not communicate the desire to appeal in sufficient time for a timely filing of the Notice of Appeal."
Appellant's motion does not provide facts that "reasonably explain the need for an extension." See TEX. R. APP. P. 10.5(b)(1)(C); Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003) (per curiam) ("[A] reasonable explanation is 'any plausible statement of circumstances indicating that failure to file within the [specified] period was not deliberate or intentional, but was the result of inadvertence, mistake or mischance.'" (quoting Meshwert v. Meshwert, 549 S.W.2d 383, 384 (Tex. 1977))).
We order Appellant to show cause in writing within ten days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b)(1), (2); TEX. R. APP. P. 42.3(a) (involuntary dismissal); Hone, 104 S.W.3d at 886 (reasonable explanation).
If Appellant fails to respond as ordered, we will dismiss this appeal without further notice. The deadline to file the reporter's record is suspended pending further order of this court. All other appellate deadlines remain in effect.