in the Interest of A. J. C., a Child ( 2019 )

NUMBER 13-19-00459-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
IN THE INTEREST OF A. J. C., A CHILD
____________________________________________________________
On appeal from the 156th District Court
of Bee County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Perkes
Memorandum Opinion by Justice Perkes
Appellant, Marlene Logan Carabajal proceeding pro se, attempted to perfect an
appeal from an “Order for Further Remedy and Modification of Support Order (UIFSA)”
entered by the 156th District Court of Bee County, Texas, in cause number B-16-1363-
CV-B. We dismiss for want of jurisdiction.
Judgment in this cause was signed on July 15, 2019. No motion for new trial was
filed. Appellant filed a notice of appeal on September 18, 2019. On September 20, 2019,
the Clerk of this Court notified appellant that it appeared that the appeal was not timely
perfected. Appellant was advised that the appeal would be dismissed if the defect was
not corrected within ten days from the date of receipt of the Court’s directive. To date, no
response has been received from appellant.
Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the judgment is signed, unless a motion for
new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial or
motion to reinstate has been filed, notice of appeal shall be filed within ninety days after
the judgment is signed. TEX. R. APP. P. 26.1(a).
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, 617-18, 619 (1997) (construing the predecessor
to Rule 26). However, appellant must provide a reasonable explanation for the late filing:
it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins, 140 S.W.3d 462,
462 (Tex. App.—Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565, 567 (Tex. App.—
Waco 2002, no pet.).
Pursuant to Texas Rule of Appellate Procedure 26.1, appellant’s notice of appeal
was due on August 14, 2019, but was not filed until September 18, 2019. The Court,
having examined and fully considered the documents on file and appellant’s failure to
timely perfect her appeal, is of the opinion that the appeal should be dismissed for want
2
of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF
JURISDICTION. See TEX. R. APP. P. 42.3(a).
GREGORY T. PERKES
Justice
Delivered and filed the
17th day of October, 2019.
3