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In re T.A.G.

Court of Appeals of Texas, Fourth District, San Antonio
Aug 10, 2021
No. 04-21-00311-CV (Tex. App. Aug. 10, 2021)

Opinion

04-21-00311-CV

08-10-2021

IN THE INTEREST OF T.A.G., J.I.R.G., C.M.R.A., AND G.A. JR., MINOR CHILDREN


From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01608 Honorable Charles E. Montemayor, Judge Presiding

ORDER

Beth Watkins, Justice

On August 9, 2021, we issued an order noting the clerk's record did not contain an order terminating appellant's parental rights. Later that day, the district clerk filed a supplemental clerk's record showing the trial court signed a final order of termination on July 1, 2021. Because this is an accelerated appeal, appellant's notice of appeal was due by July 21, 2021. A motion for extension of time to file the notice of appeal was due by August 5, 2021. Appellant filed her notice of appeal on July 27, 2021-within the time allowed for filing a motion for extension of time to file the notice of appeal.

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). But "once 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." Id.

Because the notice of appeal was untimely filed but within the fifteen-day grace period, we ORDER appellant to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner by August 20, 2021. If appellant fails to respond within the time provided, the appeal will be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(c). All other appellate deadlines are suspended until further order of this court.


Summaries of

In re T.A.G.

Court of Appeals of Texas, Fourth District, San Antonio
Aug 10, 2021
No. 04-21-00311-CV (Tex. App. Aug. 10, 2021)
Case details for

In re T.A.G.

Case Details

Full title:IN THE INTEREST OF T.A.G., J.I.R.G., C.M.R.A., AND G.A. JR., MINOR CHILDREN

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 10, 2021

Citations

No. 04-21-00311-CV (Tex. App. Aug. 10, 2021)