in the Interest of A.M.E. ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00036-CV
IN THE INTEREST OF A.M.E.
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-00043
Honorable Barbara Hanson Nellermoe, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 2, 2014
DISMISSED
The trial court signed a final judgment on July 10, 2013. On January 14, 2014, appellant
filed a notice of restricted appeal. A notice of restricted appeal must be filed within six months
after the judgment is signed. See TEX. R. APP. P. 26.1(c). Therefore, the notice of appeal was due
to be filed on January 10, 2014, four days before appellant filed his notice of appeal. A motion for
extension of time to file the notice of appeal was due on January 27, 2014. See TEX. R. APP. P.
26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by
Rule 26.3, he did not file a motion for extension of time.
A motion for extension of time is necessarily implied when an appellant, acting in good
faith, files a notice of appeal beyond the time allowed by Texas Rule of Appellate Procedure 26.1
but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of
04-14-00036-CV
time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to
Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice
of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C).
Therefore, on February 24, 2014, we ordered appellant to file, within fifteen days, a
response presenting a reasonable explanation for failing to file the notice of appeal in a timely
manner. We explained that if appellant failed to respond within the time provided, the appeal
would be dismissed. See TEX. R. APP. P. 42.3(c). Appellant failed to respond. We therefore dismiss
this appeal.
PER CURIAM
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