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Fourth Court of Appeals San Antonio, Texas November 29, 2021 No. 04-21-00505-CV IN THE INTEREST OF J.A.D.B., a Child From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA00164 Honorable Charles E. Montemayor, Judge Presiding ORDER In this suit affecting the parent-child relationship, the trial court signed a final order on October 13, 2021. A notice of appeal was due on November 2, 2021. See TEX. R. APP. P. 26.1(b), 28.1(b); In re K.A.F.,
160 S.W.3d 923, 927 (Tex. 2005). A motion for extension of time to file the notice of appeal was due on November 17, 2021. See TEX. R. APP. P. 26.3. Appellant filed her notice of appeal on November 12, 2021; this was after the notice of appeal was due but within the period to file a motion for extension of time to file the notice of appeal. Appellant did not file a motion for extension of time. Nevertheless, we implied a motion for extension of time, see Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997), and we ordered Appellant to file a motion that reasonably explained the need for an extension. See TEX. R. APP. P. 26.3 (citing TEX. R. APP. P. 10.5(b)); In re E.K.C.,
486 S.W.3d 614, 616 (Tex. App.—San Antonio 2016, no pet.). Appellant timely filed a compliant motion as ordered. Appellant’s motion for extension of time to file a notice of appeal is GRANTED. Appellant’s notice of appeal is deemed timely filed. See
id.R. 26.3. We REINSTATE the appellate timetable. The reporter’s record is due within THIRTY DAYS of the date of this order. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of November, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court
Document Info
Docket Number: 04-21-00505-CV
Filed Date: 11/29/2021
Precedential Status: Precedential
Modified Date: 11/30/2021