in the Interest of S v. and S v. Children
This text of in the Interest of S v. and S v. Children (in the Interest of S v. and S v. 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.
Opinion
Order entered January 12, 2018
In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01294-CV
IN THE INTEREST OF S.V. AND S.V., CHILDREN
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-04-11968-V
ORDER Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Before the Court is the December 18, 2017 motion of Coppell Independent School
District to dismiss appellant’s amended notice of appeal. We DENY the motion.
On the Court’s own motion, we construe the amended notice of appeal as a notice of
appeal and DIRECT the Clerk of this Court assign a new appellate cause number to the notice of
appeal filed in this appeal on November 29, 2017.
In the notice of appeal, appellant states he is appealing from the modification order in the
suit affecting the parent-child relationship signed on October 20, 2017. A notice of appeal from
that order was due on Monday, November 20, 2017. See TEX. R. APP. P. 26.1. Appellant filed
the notice of appeal, nine days past the deadline. However, because the notice of appeal was
filed within fifteen days of the deadline, appellant can remedy the timeliness problem by filing,
by January 22, 2017, a motion for extension of time that complies with rule of appellate procedure 10.5(b). See TEX. R. APP. P. 26.3, 10.5(b). We caution appellant that failure to file an
extension motion within the time specified may result in dismissal of the appeal in the newly
assigned appellate cause number without further notice.
/s/ CAROLYN WRIGHT CHIEF JUSTICE
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in the Interest of S v. and S v. Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-s-v-and-s-v-children-texapp-2018.