in the Interest of D.J.T., Jr., D.T., and D.J.T., Children

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00838-CV

IN THE INTEREST OF D.J.T., Jr., D.T., and D.J.T., Children

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA01547 Honorable Kimberly Burley, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios Justice Lori I. Valenzuela, Justice

Delivered and Filed: February 1, 2023

DISMISSED

Appellant appeals the trial court’s Final Order in Suit Affecting the Parent-Child

Relationship. 1 The trial court signed the order on November 9, 2022. Because this is an

accelerated appeal, the notice of appeal was due November 29, 2022. See TEX. R. APP. P. 26.1(b),

28.4(a); TEX. FAM. CODE ANN. § 263.405(a). 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.

See TEX. R. APP. P. 26.3.

1 Appellant is the mother of the children subject to this suit. The underlying suit was initiated by the Texas Department of Family and Protective Services (“the Department”) wherein the Department sought termination of appellant’s parental rights to her children. The trial court did not terminate appellant’s parental rights. Instead, the trial court named the children’s maternal grandmother as permanent managing conservator, named the children’s parents as joint possessory conservators, and dismissed the Department from the case. 04-22-00838-CV

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).

Therefore, on January 5, 2023, we ordered appellant to file a written response presenting a

reasonable explanation for failing to file the notice of appeal in a timely manner. We cautioned

that if appellant failed to respond within the time provided, the appeal would be dismissed. See

TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a

court order). Appellant has not responded to our order. Accordingly, we dismiss this appeal. See

id.

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