Opinion
No. 05-06-01009-CV
Opinion Filed November 13, 2006.
On Appeal from the 336th Judicial District Court, Grayson County, Texas, Trial Court Cause No. 05-0936-336.
Dismiss.
Before Justices MOSELEY, FRANCIS, and MAZZANT.
MEMORANDUM OPINION
Michael Wayne Jones appeals the trial court's order of termination of his parental rights. The trial court signed its final order on May 4, 2006. Appellant's notice of appeal was due by May 24, 2006. See Tex. Fam. Code Ann. § 109.002(a) (Vernon 2002); Tex.R.App.P. 26.1(b). Appellant filed his notice of appeal on June 1, 2006. On October 13, 2006, we directed appellant to file, within ten days, a motion for extension of time to file his notice of appeal including a reasonable explanation for the extension. To date, appellant has not file such a motion.
The timely filing of a notice of appeal is jurisdictional in this court, and absent a timely filed notice or extension request, we must dismiss the appeal. See Tex.R.App.P. 25.1(b), 26.3. Although a motion for extension of time is implied when a party files a notice of appeal within the fifteen-day period, it is appellant's burden to establish a reasonable explanation for the needed extension. See Tex.R.App.P. 26.3; see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); see also Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998). Because appellant did not file a motion articulating good cause for an extension of time to file his notice of appeal, appellant is not entitled to prosecute his appeal. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617.
Accordingly, we dismiss this appeal for want of jurisdiction.