Opinion
No. 04-16-00334-CV
07-25-2016
IN THE INTEREST OF R.A.J., a Child
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-14957
Honorable Antonia Arteaga, Judge Presiding
ORDER
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice
Appellant's notice of appeal states "[t]he judgment or order appealed from was signed on February 4, 2016, [and Appellant] filed a Motion for New Trial on March 3, 2016."
Appellant's notice of appeal was due on May 4, 2016, or a motion for extension of time to file a notice of appeal was due on May 19, 2016. 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)). Although the clerk's record has not been filed, our case management records indicate Appellant's notice of appeal was filed on May 26, 2016, one week after the last day to file a notice of appeal.
Because the clerk's record was overdue and Appellant had not paid for the record, on June 16, 2016, we ordered Appellant to provide written proof to this court by June 27, 2016, that (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee, or (2) Appellant is entitled to appeal without paying the clerk's fee. We warned Appellant that is she failed to respond within the time provided, we would dismiss this appeal for want of prosecution. See id. R. 37.3(b). On July 13, 2016, after Appellant failed to respond as ordered, we dismissed the appeal.
On July 20, 2016, Appellant filed an unopposed motion to reinstate the appeal. Appellant's counsel stated the failure to timely respond was not due to conscious indifference and she is ready to pay the clerk's fee to prepare the record.
Appellant's motion to reinstate the appeal is HELD IN ABEYANCE. We ORDER Appellant to show cause in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Verburgt, 959 S.W.2d at 617 ("[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction.").
If Appellant fails to respond within the time provided, Appellant's motion to reinstate this appeal will be denied. See TEX. R. APP. P. 42.3(c).
It is so ORDERED on July 25, 2016.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court