in the Interest of N.C., a Child

Court of Appeals of Texas·Decided September 2, 2021·No. 06-21-00064-CV·Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-21-00064-CV

IN THE INTEREST OF N.C., A CHILD

On Appeal from the 71st District Court Harrison County, Texas Trial Court No. 19-1019

Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION

On May 25, 2021, the trial court signed an order denying Eric Hendrix, Jr.’s, petition to

change the name of a child. Because Hendrix did not file any motion or request that would

extend the deadline to file a notice of appeal, the notice of appeal was due within thirty days after

the order was signed, on June 24, 2021. See TEX. R. APP. P. 26.1(a). Hendrix filed his notice of

appeal July 7, 2021. Although the fifteen-day motion for extension of time contemplated by

Rule 26.3 of the Texas Rules of Appellate Procedure is implied in civil cases, an appellant must

also provide a reasonable explanation for the late filing to avoid dismissal of the appeal. In re

G.J.P., 314 S.W.3d 217, 221 (Tex. App.—Texarkana 2010, pet. denied).

By letter of July 27, 2021, we requested that Hendrix file with this Court a reasonable

explanation for the late filing of his notice of appeal. We warned Hendrix that, if we did not

receive an adequate response within twenty days of the date of our letter, we could dismiss the

appeal for want of jurisdiction. See TEX. R. APP. P. 42.3.

Hendrix did not respond to our letter. As a result, this appeal is ripe for dismissal.

In light of the foregoing, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III Chief Justice

Date Submitted: September 1, 2021 Date Decided: September 2, 2021

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

in the Interest of N.C., a Child, (Tex. Ct. App. 2021).

in the Interest of N.C., a Child (in the Interest of N.C., a Child) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In the Interest of G.J.P. and R.P., Children
314 S.W.3d 217 (Court of Appeals of Texas, 2010)