in the Interest of D.M.B., Jr., Child

Court of Appeals of Texas

in the Interest of D.M.B., Jr., Child

DecidedJuly 9, 2014

Docket04-14-00475-CV

StatusPublished

This text of in the Interest of D.M.B., Jr., Child (in the Interest of D.M.B., Jr., 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.

Bluebook

in the Interest of D.M.B., Jr., Child, (Tex. Ct. App. 2014).

Pincite

Opinion

Fourth Court of Appeals San Antonio, Texas July 9, 2014

No. 04-14-00475-CV

IN THE INTEREST OF D.M.B., Jr., Child,

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-00828 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an accelerated appeal of the trial court’s order terminating appellant’s parental rights. Because the trial court’s order was signed on June 4, 2014, appellant’s notice of appeal was due to be filed on June 24, 2014. The notice of appeal was filed on June 25, 2014. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3 of the Texas Rules of Appellate Procedure, 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).

It is therefore ORDERED that appellant file, within fifteen 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). It is FURTHER ORDERED that the appellate deadlines are NOT suspended by this order, and the court reporter has been verbally notified that the reporter’s record is late.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court

Free access — add to your briefcase to read the full text and ask questions with AI

Fourth Court of Appeals San Antonio, Texas July 9, 2014

No. 04-14-00475-CV

IN THE INTEREST OF D.M.B., Jr., Child,

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-00828 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an accelerated appeal of the trial court’s order terminating appellant’s parental rights. Because the trial court’s order was signed on June 4, 2014, appellant’s notice of appeal was due to be filed on June 24, 2014. The notice of appeal was filed on June 25, 2014. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3 of the Texas Rules of Appellate Procedure, 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).

It is therefore ORDERED that appellant file, within fifteen 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). It is FURTHER ORDERED that the appellate deadlines are NOT suspended by this order, and the court reporter has been verbally notified that the reporter’s record is late.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court

Cite This Page — Counsel Stack

Bluebook (online)

in the Interest of D.M.B., Jr., Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-dmb-jr-child-texapp-2014.

Opinion

Related

Cite This Page — Counsel Stack