Opinion
No. 04-15-00072-CV
02-25-2015
IN THE INTEREST OF C.M.O.
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-PA-01068
Honorable Dick Alcala, Judge Presiding
ORDER
Appellant attempts to appeal from a final order terminating her parental rights. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405(a). The trial court signed the order of termination on January 20, 2015. Because this is an accelerated appeal, the notice of appeal was due on February 9, 2015. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on February 17, 2015. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension of time.
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).
It is therefore ORDERED that appellant file, within fifteen days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of this court.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of February, 2015.
/s/_________
Keith E. Hottle
Clerk of Court