in the Interest of R.K.B, Jr.

• Court: Court of Appeals of Texas
• Decided: August 21, 2003
• Docket: 14-03-00680-CV
• Status: Published

Opinion

Dismissed and Opinion filed August 21, 2003

Dismissed and Opinion filed August 21, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00680-CV

IN THE INTEREST OF R.K.B., JR.

On Appeal from the 315th District Court

Harris County, Texas

Trial Court Cause No. 01-08157J

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a decree of termination of parental rights, signed November 1, 2002.  No motion for new trial was filed.  Appellant=s notice of appeal was filed on June 9, 2003.  On July 21, 2003, Texas Department of Protective & Regulatory Services filed an amended motion to dismiss, claiming this court has no jurisdiction because the notice of appeal was not timely filed.  Appellant has filed no response to the motion.

The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law.  See Tex. R. App. P. 26.1]

Appellant=s notice of appeal was not filed timely. 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, 617-18 9 (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 Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18.  Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3

Accordingly, we grant the motion to dismiss and order the appeal dismissed.

PER CURIAM

Judgment rendered and Opinion filed August 21, 2003.

Panel consists of Justices Hudson, Fowler and Anderson.