in the Interest of D.C., a Minor Child ( 2014 )


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  • Order filed April 3, 2014.
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-14-00223-CV
    ____________
    IN THE INTEREST OF D.C., a Minor Child
    On Appeal from the 257th District Court
    Harris County, Texas
    Trial Court Cause No. 2012-05172J
    ORDER
    This is an accelerated appeal from a judgment signed February 14, 2014, in a
    suit in which the termination of the parent-child relationship is at issue. The notice
    of appeal was due March 6, 2014. See Tex. R. App. P. 26.1(b); 28.4(a). The notice
    of appeal was filed March 17, 2014, a date within 15 days of the due date for the
    notice of appeal. A motion for extension of time is “necessarily implied” when the
    perfecting instrument is filed within fifteen days of its due date. See Verburgt v.
    Dorner, 
    959 S.W.2d 615
    , 617 (Tex. 1997). Appellant did not file a motion to
    extend time to file the notice of appeal. While an extension may be implied,
    appellant is still obligated to come forward with a reasonable explanation to
    support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 
    974 S.W.2d 805
    , 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).
    Accordingly, we ORDER appellant to file a proper motion to extend time to
    file the notice of appeal on or before April 14, 2014. See Tex. R. App. P. 26.3;
    10.5(b). If appellant does not comply with this order, we will dismiss the appeal.
    See Tex. R. App. P. 42.3.
    PER CURIAM
    

Document Info

Docket Number: 14-14-00223-CV

Filed Date: 4/3/2014

Precedential Status: Precedential

Modified Date: 4/17/2021