in the Interest of D. A. A-B., a Child

Court of Appeals of Texas

in the Interest of D. A. A-B., a Child

DecidedApril 13, 2021

Docket08-21-00058-CV

StatusPublished

This text of in the Interest of D. A. A-B., a Child (in the Interest of D. A. A-B., 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.

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in the Interest of D. A. A-B., a Child, (Tex. Ct. App. 2021).

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS §

IN THE INTEREST OF D. A. A-B., A § No. 08-21-00058-CV CHILD, § Appeal from the Appellant. § 388th District Court

§ of El Paso County, Texas

§ (TC# 2016DCM0868)

§ ORDER

On April 13, 2021, Appellant filed notice of appeal in the above-styled and numbered cause. The notice of appeal is late, but it was filed within fifteen days after the deadline for the notice of appeal to be filed. 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 TEX.R.APP.P. 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). However, an appellant must still provide the Court with a reasonable explanation for the late filing of the notice of appeal before the Court may accept the appeal. Accordingly, Appellant is ordered to respond in writing and provide the Court with a reasonable explanation for filing the notice of appeal late. See TEX.R.APP.P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due to be filed no later than April 23, 2021. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice. IT IS SO ORDERED this 13th day of April, 2021.

PER CURIAM

Before Rodriguez, C.J., Palafox and Alley, JJ.

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS §

IN THE INTEREST OF D. A. A-B., A § No. 08-21-00058-CV CHILD, § Appeal from the Appellant. § 388th District Court

§ of El Paso County, Texas

§ (TC# 2016DCM0868)

§ ORDER

On April 13, 2021, Appellant filed notice of appeal in the above-styled and numbered cause. The notice of appeal is late, but it was filed within fifteen days after the deadline for the notice of appeal to be filed. 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 TEX.R.APP.P. 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). However, an appellant must still provide the Court with a reasonable explanation for the late filing of the notice of appeal before the Court may accept the appeal. Accordingly, Appellant is ordered to respond in writing and provide the Court with a reasonable explanation for filing the notice of appeal late. See TEX.R.APP.P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due to be filed no later than April 23, 2021. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice. IT IS SO ORDERED this 13th day of April, 2021.

PER CURIAM

Before Rodriguez, C.J., Palafox and Alley, JJ.

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