K.S.M. v. S.H.

• Court: Court of Appeals of Texas
• Decided: March 21, 2023
• Docket: 14-22-00601-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed March 21, 2023

In The

Fourteenth Court of Appeals

NO. 14-22-00601-CV

K.S.M., Appellant

V. S.H., Appellee

On Appeal from the 312th District Court Harris County, Texas Trial Court Cause No. 2015-59700

MEMORANDUM OPINION

This is an attempted appeal from a final order in a suit affect the parent-child relationship, See Tex. Fam. Code Ann. § 109.002 judgment signed May 17, 2022. Appellant K.S.M. filed a timely request for findings of fact and conclusions of law on May 24, 2022. Appellant’s notice of appeal was filed August 16, 2022.

When an appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 days after the date the judgment is signed. See Tex. R. App. P. 26.1(a)(4). Appellant’s notice of appeal was due August 15, 2022. Appellant’s notice of appeal was not filed timely. A motion to extend time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Texas Rule of Appellate Procedure 26.1, but within the 15-day grace period provided by Rule 26.3 for filing a motion to extend time. See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the predecessor to Rule 26). Appellant’s notice of appeal was filed within the 15-day period provided by Texas Rule of Appellate Procedure 26.3.

Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.). On February 7, 2023, appellant was ordered to file a proper motion to extend time to file the notice of appeal within ten (10) days of the date of this order. See Tex. R. App. P. 26.3; 10.5(b). Appellant was notified the appeal was subject to dismissal without further notice for want of jurisdiction if no proper motion to extend time was filed. See Tex. R. App. P. 42.3(a).

Appellant filed no response. We dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Jewell and Spain.