Opinion
No. 04-17-00821-CV
01-03-2018
IN THE INTEREST OF N.E.B., A.T.G, AND N.V.G., CHILDREN
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-PA-00200
Honorable Charles E. Montemayor, Judge Presiding
ORDER
In this accelerated appeal of an order terminating Appellant's parental rights, the trial court signed the termination order on November 29, 2017. Appellant's notice of appeal was due on December 19, 2017. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file a notice of appeal was due not later than January 3, 2018. See id. R. 26.3.
Appellant's notice of appeal was filed on December 22, 2017, and it was accompanied by a motion for extension of time to file a notice of appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3]."). If a notice is not timely filed, 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).
In his motion, Appellant offered a reasonable explanation for the late notice of appeal. Appellant's motion for extension of time to file his notice of appeal is GRANTED. Appellant's notice of appeal is deemed timely filed.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of January, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court