Opinion
04-24-00337-CV
05-31-2024
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
PER CURIAM.
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)").
On May 17, 2024, we ordered Appellant to state "the facts relied on to reasonably explain the need for an extension." TEX. R. APP. P. 10.5(b)(1)(C).
On May 22, 2024, Appellant filed a response stating he did not notify counsel of his desire to appeal until after the notice of appeal was due. We construe Appellant's answer as indicating inadvertence or mistake rather than a deliberate or intentional decision to delay filing a notice of appeal. 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))).
Appellant's motion for extension of time to file the notice of appeal is granted. Appellant's notice of appeal is deemed timely filed.
The reporter's record is due within ten days of the date of this order.
It is so ORDERED