Opinion
No. 04-17-00354-CV
06-09-2017
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01450
Honorable Richard Garcia, Judge Presiding
ORDER
Appellant's notice of appeal states "I am unsure of the exact date of [Judgment] because I [did] not receive a copy of the final order, I did not receive notice, and I do not have any access to the case any longer."
On April 26, 2017, the trial court signed an order establishing the parent-child relationship and determining conservatorship and visitation. See TEX. FAM. CODE ANN. § 160.601 (West 2014). Appellant's notice of appeal was due on May 16, 2017, or a motion for extension of time to file a notice of appeal was due on May 31, 2017. See TEX. R. APP. P. 26.1(a), 26.3. 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]." (emphasis added)).
On June 1, 2017, after the deadline to file the notice of appeal, the children's father filed 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]." (emphasis added)). Although Appellant contends he did not receive notice of the judgment, Appellant did not file a motion in accordance with Rule 4.2 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 4.2, or Rule 306a of the Texas Rules of Civil Procedure, see TEX. R. CIV. P. 306a.
We ORDER Appellant to SHOW CAUSE in writing within FIFTEEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 4.2 (requirements when no notice provided by trial court); 10.5(b) (requirements for a motion for extension of time); id. R. 42.3(a) (dismissal for want of jurisdiction); Tex. R. Civ. P. 306a (no notice of judgment). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk