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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