in the Interest of L.L.N-P., a Child

Opinion

Fourth Court of Appeals

San Antonio, Texas

July 19, 2018

No. 04-18-00380-CV

IN THE INTEREST OF L.L.N-P., a child,

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-01933 Honorable Richard Garcia, Judge Presiding

ORDER

On June 29, 2018, we ordered appellant to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). “[A]ny plausible statement of circumstances indicating that failure to file ... was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance, [would] be accepted as a reasonable explanation.” Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989); see also Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.San Antonio 1998, no pet.). Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance, even if that conduct can also be characterized as professional negligence. Garcia, 774 S.W.2d at 670; Dimotsis, 966 S.W.2d at 657. Appellant timely responded to our order, and appellant’s explanation is reasonable. We, therefore, GRANT the motion for extension of time to file the notice of appeal and ORDER this appeal retained on the court’s docket.

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Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of July, 2018.

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KEITH E. HOTTLE, Clerk of Court