in the Interest of M.A.H.T., J.H.T., J.R.T.H., J.I.T v. B.Z.T v. Minor Children

Court of Appeals of Texas

in the Interest of M.A.H.T., J.H.T., J.R.T.H., J.I.T v. B.Z.T v. Minor Children

DecidedMay 6, 2015

Docket04-15-00249-CV

StatusPublished

This text of in the Interest of M.A.H.T., J.H.T., J.R.T.H., J.I.T v. B.Z.T v. Minor Children (in the Interest of M.A.H.T., J.H.T., J.R.T.H., J.I.T v. B.Z.T v. Minor Children) 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 M.A.H.T., J.H.T., J.R.T.H., J.I.T v. B.Z.T v. Minor Children, (Tex. Ct. App. 2015).

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Fourth Court of Appeals San Antonio, Texas May 6, 2015

No. 04-15-00249-CV

IN THE INTEREST OF M.A.H.T., J.H.T., J.R.T.H., J.I.T.V., B.Z.T.V., Minor Children,

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2013-CVL-002007-D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER The trial court signed a final judgment on March 16, 2015. Because appellant did not file any motion to extend this deadline, the notice of appeal was due to be filed on April 6, 2015. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on April 21, 2015. See TEX. R. APP. P. 26.3. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal in the trial court 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). In this case, appellant’s notice of appeal, filed in the trial court on April 23, 2015, was not filed within the fifteen-day grace period.

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 and cause showing the notice of appeal was otherwise timely. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

All deadlines in this matter are suspended until further order of this court.

_________________________________ Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of May, 2015.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas May 6, 2015

No. 04-15-00249-CV

IN THE INTEREST OF M.A.H.T., J.H.T., J.R.T.H., J.I.T.V., B.Z.T.V., Minor Children,

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2013-CVL-002007-D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER The trial court signed a final judgment on March 16, 2015. Because appellant did not file any motion to extend this deadline, the notice of appeal was due to be filed on April 6, 2015. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on April 21, 2015. See TEX. R. APP. P. 26.3. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal in the trial court 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). In this case, appellant’s notice of appeal, filed in the trial court on April 23, 2015, was not filed within the fifteen-day grace period.

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 and cause showing the notice of appeal was otherwise timely. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

All deadlines in this matter are suspended until further order of this court.

_________________________________ Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of May, 2015.

___________________________________ Keith E. Hottle Clerk of Court

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