DocketNumber： 04-18-00184-CV
Filed Date： 4/5/2018
Status： Precedential
Modified Date： 4/11/2018
Fourth Court of Appeals San Antonio, Texas April 5, 2018 No. 04-18-00184-CV IN THE INTEREST OF M.W., A CHILD, From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2017PA00474 Honorable Charles E. Montemayor, Judge Presiding ORDER Appellant attempts to appeal from a final order terminating her parental rights. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405(a) (West 2014). The trial court signed the order on February 23, 2018. Because this is an accelerated appeal, the notice of appeal was due on March 15, 2018. See TEX. R. APP. P. 26.1(b). Appellant filed her notice of appeal on March 21, 2018, six days late. A motion for extension of time to file the notice of appeal was due no later than March 30, 2018. 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, she 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 Rule 26.1 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of 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). We, therefore, ORDER appellant to file, within ten days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of April, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court