Opinion
01-24-00417-CV
11-19-2024
In re R.R. and R.R., Children
505th District Court of Fort Bend County Trial court case number: 22-DCV-295409
ORDER
Richard Hightower J.
The Court's records indicate that your notice of appeal may not have been timely filed. See Tex. R. App. P. 26.1(b) (requiring notice of appeal in accelerated case to be filed within twenty days after the judgment is signed). The clerk's record contains a copy of the trial court's order of termination, signed on May 8, 2024. Appellant C.R.'s notice of appeal was filed on June 4, 2024.
The notice of appeal was not filed within twenty days after the judgment was signed, but it was filed within 15 days after the deadline. See Tex. R. App. P. 26.3. If a notice of appeal is filed within 15 days after the deadline, the Texas Supreme Court has held that an extension is implied. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Nonetheless, the appellate court may require the appellant to file a motion for extension of time to file the notice of appeal, explaining the reason for the delay in filing the notice of appeal. See Griffin v. Galveston Cty., No. 01-23-00377-CV, 2023 WL 535372, at *1 (Tex. App.-Houston [1st Dist.] Aug. 22, 2023, no pet.); see also Tex. R. App. P. 26.3.
The Court may dismiss this appeal for want of jurisdiction unless you file a motion for extension of time to file the notice of appeal, explaining the reason for the delay in filing the notice of appeal. See id. The final deadline to file your motion to extend time or other response is 5:00 p.m., Tuesday, November 26, 2024. You must respond in writing even if you have previously claimed your notice of appeal was timely filed.
It is so ORDERED.