in the Interest of L.R.R. and A.P.R., Children

• Court: Court of Appeals of Texas
• Decided: June 28, 2022
• Docket: 04-22-00357-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas June 28, 2022

No. 04-22-00357-CV

IN THE INTEREST OF L.R.R. AND A.P.R., Children

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2021-PA-00430 Honorable Linda A. Rodriguez, Judge Presiding

ORDER On May 13, 2022, the trial court signed an order terminating Appellant’s parental rights to her children L.R.R. and A.P.R. A notice of appeal was due on June 2, 2022; a motion for extension of time to file a notice of appeal was due on June 17, 2022. See TEX. R. APP. P. 26.1(b), 26.3. On June 14, 2022, after the deadline to file the notice of appeal, Appellant filed a notice of appeal without filing a motion for extension of time to file a notice of appeal. Contra TEX. R. APP. P. 26.3(b). See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].”). Nevertheless, we implied a motion for extension of time, see id., and we ordered Appellant to file a motion that reasonably explained the need for an extension. See TEX. R. APP. P. 26.3 (citing TEX. R. APP. P. 10.5(b)); In re E.K.C., 486 S.W.3d 614, 616 (Tex. App.—San Antonio 2016, no pet.). Appellant timely filed a compliant motion as ordered. Appellant’s motion for extension of time to file a notice of appeal is GRANTED. Appellant’s notice of appeal is deemed timely filed. See id. R. 26.3.

It is so ORDERED on June 28, 2022. PER CURIAM

ATTESTED TO: _______________________ MICHAEL A. CRUZ, CLERK OF COURT