Opinion
No. 08-14-00067-CV
02-25-2014
R. M. O., Appellant, v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.
Appeal from the
65th District Court
of El Paso County, Texas
(TC# 2012DCM09306)
ORDER
The trial court entered the termination judgment on January 21, 2014. Because this is an accelerated appeal, the notice of appeal was due to be filed on February 10, 2014. See TEX.R.APP.P. 26.1(b). Appellant did not file the notice of appeal until February 19, 2014. On that same date, Appellant filed with the trial court clerk a motion requesting an extension of time in which to file the notice of appeal. The motion was not filed with or forwarded to this Court but it is contained within the Clerk's Record.
An appellate court is authorized to grant an extension of time in which to file the notice of appeal if the notice of appeal is filed within 15 days after the deadline and the party files in the appellate court a motion requesting an extension of time. See TEX.R.APP.P. 26.3. Rule 26.3 requires that the motion comply with TEX.R.APP.P. 10.5. A motion requesting an extension of time must include the facts relied on to reasonably explain the need for an extension. TEX.R.APP.P. 10.5(b)(1)(C).
Appellant filed his notice of appeal within 15 days as required by Rule 26.3, but he did not file his motion with the appellate court. Appellant's failure to file the motion with the appellate court does not deprive this Court of jurisdiction because in civil cases a motion for extension of time to file the notice of appeal is implied. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). We find that the explanation for the delay stated in the motion constitutes a reasonable explanation. Accordingly, we conclude that Appellant timely filed his notice of appeal and the Court has jurisdiction of this appeal.
IT IS SO ORDERED this 25th day of February, 2014.
PER CURIAM
Before McClure, C.J., Rivera and Rodriguez, JJ.