in the Interest of N.C., a Child ( 2021 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-21-00064-CV
    IN THE INTEREST OF N.C., A CHILD
    On Appeal from the 71st District Court
    Harrison County, Texas
    Trial Court No. 19-1019
    Before Morriss, C.J., Burgess and Stevens, JJ.
    Memorandum Opinion by Chief Justice Morriss
    MEMORANDUM OPINION
    On May 25, 2021, the trial court signed an order denying Eric Hendrix, Jr.’s, petition to
    change the name of a child. Because Hendrix did not file any motion or request that would
    extend the deadline to file a notice of appeal, the notice of appeal was due within thirty days after
    the order was signed, on June 24, 2021. See TEX. R. APP. P. 26.1(a). Hendrix filed his notice of
    appeal July 7, 2021. Although the fifteen-day motion for extension of time contemplated by
    Rule 26.3 of the Texas Rules of Appellate Procedure is implied in civil cases, an appellant must
    also provide a reasonable explanation for the late filing to avoid dismissal of the appeal. In re
    G.J.P., 
    314 S.W.3d 217
    , 221 (Tex. App.—Texarkana 2010, pet. denied).
    By letter of July 27, 2021, we requested that Hendrix file with this Court a reasonable
    explanation for the late filing of his notice of appeal. We warned Hendrix that, if we did not
    receive an adequate response within twenty days of the date of our letter, we could dismiss the
    appeal for want of jurisdiction. See TEX. R. APP. P. 42.3.
    Hendrix did not respond to our letter. As a result, this appeal is ripe for dismissal.
    In light of the foregoing, we dismiss the appeal for want of jurisdiction.
    Josh R. Morriss, III
    Chief Justice
    Date Submitted:        September 1, 2021
    Date Decided:          September 2, 2021
    2
    

Document Info

Docket Number: 06-21-00064-CV

Filed Date: 9/2/2021

Precedential Status: Precedential

Modified Date: 9/8/2021