in the Interest of L.L.N-P., a Child ( 2018 )


Menu:
  •                             Fourth Court of Appeals
    San Antonio, Texas
    July 19, 2018
    No. 04-18-00380-CV
    IN THE INTEREST OF L.L.N-P., a child,
    From the 285th Judicial District Court, Bexar County, Texas
    Trial Court No. 2016-PA-01933
    Honorable Richard Garcia, Judge Presiding
    ORDER
    On June 29, 2018, we ordered appellant to offer a reasonable explanation for filing a late
    notice of appeal. See Verburgt v. Dorner, 
    959 S.W.2d 615
    , 617 (Tex. 1997). “[A]ny plausible
    statement of circumstances indicating that failure to file ... was not deliberate or intentional, but
    was the result of inadvertence, mistake, or mischance, [would] be accepted as a reasonable
    explanation.” Garcia v. Kastner Farms, Inc., 
    774 S.W.2d 668
    , 670 (Tex. 1989); see also
    Dimotsis v. State Farm Lloyds, 
    966 S.W.2d 657
    , 657 (Tex. App.San Antonio 1998, no pet.).
    Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake
    or mischance, even if that conduct can also be characterized as professional negligence. 
    Garcia, 774 S.W.2d at 670
    ; 
    Dimotsis, 966 S.W.2d at 657
    . Appellant timely responded to our order, and
    appellant’s explanation is reasonable. We, therefore, GRANT the motion for extension of time
    to file the notice of appeal and ORDER this appeal retained on the court’s docket.
    _________________________________
    Irene Rios, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 19th day of July, 2018.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-18-00380-CV

Filed Date: 7/19/2018

Precedential Status: Precedential

Modified Date: 7/24/2018