in the Interest of M.S.M., a Child

Court of Appeals of Texas

in the Interest of M.S.M., a Child

DecidedJune 10, 2016

Docket04-16-00336-CV

StatusPublished

This text of in the Interest of M.S.M., a Child (in the Interest of M.S.M., a 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.

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Fourth Court of Appeals San Antonio, Texas June 10, 2016

No. 04-16-00336-CV

IN THE INTEREST OF M.S.M., A CHILD,

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2014PA02012 Honorable Richard Garcia, Judge Presiding

ORDER The trial court signed a final judgment on April 28, 2016. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on May 18, 2016. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on June 2, 2016. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, he 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). All other appellate deadlines 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 10th day of June, 2016.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 10, 2016

No. 04-16-00336-CV

IN THE INTEREST OF M.S.M., A CHILD,

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2014PA02012 Honorable Richard Garcia, Judge Presiding

ORDER The trial court signed a final judgment on April 28, 2016. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on May 18, 2016. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on June 2, 2016. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, he 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). All other appellate deadlines 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 10th day of June, 2016.

___________________________________ Keith E. Hottle Clerk of Court

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