Opinion
04-22-00008-CV
02-23-2022
IN THE INTEREST OF M.J.E., A CHILD,
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2009-EM5-04650; Honorable Cynthia Marie Chapa, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Appellants attempt to appeal the trial court's "Order in Suit to Modify Parent-Child Relationship and To Confirm Child support Arrearages," which was signed on September 29, 2021. Because this is not an accelerated appeal and appellants timely-filed a motion for new trial, their notice of appeal was due December 28, 2021. See Tex. R. App. P. 26.1(a). Appellants filed their notice of appeal on January 4, 2022. A motion for extension of time to file the notice of appeal was due on January 12, 2022. See Tex. R. App. P. 26.3. Although appellants filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, they did not file a motion for extension of time.
On February 9, 2022, the clerk of this court confirmed with the district clerk that the trial court's docket incorrectly notes an entry on October 6, 2021, but no order was signed on that date.
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).
On February 9, 2022, we ordered appellants to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. On February 17, 2022, appellants filed a motion for extension of time to file the notice of appeal, stating appellants' late-filing of the notice of appeal was the result of mistake and inadvertence. We GRANT appellants' motion for extension and accept appellants' untimely notice of appeal.
All appellate deadlines are reinstated. Appellants' brief is due no later than March 25, 2022.