in the Interest of X.H. Children

• Court: Court of Appeals of Texas
• Decided: March 2, 2022
• Docket: 04-22-00102-CV
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas March 2, 2022

No. 04-22-00102-CV

IN THE INTEREST OF X.H. ET AL CHILDREN

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA00042 Honorable Kimberly Burley, Judge Presiding

ORDER

Appellant attempts to appeal the trial court’s order terminating her parental rights to her children. An appeal from such an order is accelerated. See TEX. FAM. CODE ANN. § 263.405(a); TEX. R. APP. P. 28.1(a). The trial court signed the order on January 26, 2022. Because this is an accelerated appeal, the notice of appeal was due February 15, 2021. See TEX. R. APP. P. 26.1(b). Although the appellant filed a notice of appeal within the fifteen-day grace period allowed by rule 26.3, she did not file a motion for extension of time. See id. 26.3.

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).

We therefore ORDER the appellant to file, on or before March 17, 2022, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If the appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

It is so ORDERED March 2, 2022. PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT