in the Interest of W.J.B. & J.B., Children ( 2015 )

ACCEPTED
14-15-00186-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/27/2015 10:45:43 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 14-15-00186-CV
____________________________________________________________
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS 7/27/2015 10:45:43 PM
FOR THE FOURTEENTH DISTRICT OF TEXAS CHRISTOPHER A. PRINE
Clerk
_____________________________________________________________
IN THE INTEREST OF W.J.B. & J.B.
_______________________________________________ ______________
From the 311th Judicial District Court of Harris County, Texas
Cause No. 2009-23300
MOTION FOR EXTENSION TO FILE NOTICE OF APPEAL
1. This is an accelerated appeal in a parental termination case.
2. On July 16, 2015, this Court notified appellate counsel that a notice of appeal
had been filed within a time period in which a motion for extension needed to
be filed. Accordingly, the undersigned appellate counsel files the motion for
extension of time in which to file a notice of appeal.
3. Counsel asks this Honorable Court to grant a motion for extension of time to
file a notice of appeal because of the serious issues involved in this case and
because a motion for extension of time is necessarily implied when the
perfecting instrument is filed within 15 days of its due date. Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Moreover, appellant parent has a
reasonable explanation to support the late filing.
4. The filing of the notice of appeal within this timeframe was due to trial
counsel’s understanding of the time period in which to file a notice of appeal,
and communication with appellate counsel with regard to the filing of a notice
of appeal.
5. Appellate counsel asks that this Honorable Court grant this motion.
Respectfully submitted,
/s/ Lana Shadwick
Lana Shadwick
State Bar No. 00784951
12535 Kingsride, Ste. 313
Houston, Texas 77024
Telephone: (713) 392-8222
Lana@LanaShadwick.com
CERTIFICATE OF CONFERENCE
Appellant has notified opposing counsel and there is no opposition to this
motion.
/s/ Lana Shadwick
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
instrument was forwarded to Asst. Harris County Attorney Sandra Hachem on the
27th day of July, 2015 by electronic mail.
/s/ Lana Shadwick