in the Interest of J.A.D.B., a Child ( 2021 )


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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