Opinion
08-24-00317-CV
09-03-2024
IN THE INTEREST OF: L.A., G.A., and M.A., CHILDREN, Appellant.
Appeal from the 65th District Court of El Paso County, Texas (TC# 2023DCM0095)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Teas Rule of Appellate Procedure 10.4(a), this Order may have been issued by a single Justice sitting on the panel.
Pending before us is Appellant's motion to file notice of appeal out of time, which avers that the notice was filed one day late due to mistake, not conscious indifference or disregard. The motion further states that Appellant's counsel was appointed after the final hearing, reviewed the portions of the record available to her, which did not include the final order, and only recently learned that while the final order was filed on July 31, 2024, it was signed the previous day, i.e., on July 30, 2024, thereby making the notice of appeal due on August 19, 2024, rather than on August 20, 2024, the day on which it was filed. See Tex. R. App. P. 26.1(b). The instant motion was timely filed on August 29, 2024, within 15 days after the deadline to file the notice of appeal. See Tex. R. App. P. 26.3
Finding good cause for Appellant's untimely filing of the notice of appeal one day late, we GRANT Appellant's motion to file notice of appeal out of time. Further, Appellant has today filed an amended notice of appeal. Accordingly, it is ORDERED that the record shall be filed within 10 days from today, that is, no later than September 13, 2024.
IT IS SO ORDERED.