in Interest of I.S.F.P., a Child
This text of in Interest of I.S.F.P., a Child (in Interest of I.S.F.P., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00134-CV
IN INTEREST OF I.S.F.P., A CHILD
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 13-028 Honorable Bill R. Palmer, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice
Delivered and Filed: May 30, 2018
DISMISSED
The trial court signed a final judgment on February 5, 2018. Because appellants did not
file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request
for findings of fact and conclusions of law, the notice of appeal was due to be filed on February
26, 2018. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal
was due on March 13, 2018. See TEX. R. APP. P. 26.3. Although appellants filed a notice of appeal
within the fifteen-day grace period allowed by Rule 26.3, they did not file a motion for extension
of time.
A motion for extension of time is necessarily implied when appellants, acting in good faith,
file 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 04-18-00134-CV
S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellants
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 ordered appellants to file a response on or before May 4, 2018 presenting a
reasonable explanation for failing to file the notice of appeal in a timely manner. We warned
appellants that if they failed to respond within the time provided, the appeal will be dismissed. See
TEX. R. APP. P. 42.3(c).
Appellants have not filed a response. Accordingly, this appeal is dismissed.
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