in the Interest of K.M.Z, N.D.Z., and D.J.J., Children
Cases that cite this one
24 later published cases cite this decision. The 23 that cite it most often are listed here.
- Chad William Towers v. Amber Chriche Green (Tex. App. 2014)
- John Rady v. BAC Home Loans Servicing, LP And Mortgage Electronic Registration Systems, Inc. (Tex. App. 2014)
- Lewis v. Funderburk Ex Rel. Funderburk (Tex. App. 2006)
- Kerry Larnez Rollerson v. State (Tex. App. 2005)
- Kerry Larnez Rollerson v. State (Tex. App. 2005)
- Kerry Larnez Rollerson v. State (Tex. App. 2005)
- Datillo Daniels v. State (Tex. App. 2002)
- Michael Marion Allen, Sr. v. State of Texas (Tex. App. 2002)
- Philip Hamilton v. Lori (Linebarger) Hamilton (Tex. App. 2024)
- In the Interest of R.Y., D.Y., S.Y., Z.Y., S.Y., and A.Y., Children v. the State of Texas (Tex. App. 2023)
- In the Interest of K.E., a Child v. the State of Texas (Tex. App. 2023)
- in the Interest of P.R.D., a Child (Tex. App. 2022)
- in the Interest of L.G.D. and R.O.B, Children (Tex. App. 2022)
- Jose Martin Carbajal v. Irma Albiter-Carbajal (Tex. App. 2021)
- J. L. S. v. Texas Department of Family and Protective Services (Tex. App. 2016)
- the Estate of Harvey L. Schwartz, by and Through the Independent of the Estate of Harvey L. Schwartz, Kenneth C. Schwartz v. the Estate of Dorothy J. Schwartz, Michael Wayne Taylor And Tana Sue Pyssen (Tex. App. 2016)
- Southwest Surgical Hospital v. Larry G. Bowen (Tex. App. 2014)
- Reao Keller v. Brice, Vander Linden & Wernick, Deutshe Bank National Trust, Justice of the Peace Precinct 6 of Denton County (Tex. App. 2011)
- Reao Keller v. Brice, Vander Linden & Wernick, Deutshe Bank National Trust, Justice of the Peace Precinct 6 of Denton County (Tex. App. 2011)
- in Re Carl Long (Tex. App. 2007)
- In re KMZ (Tex. App. 2005)
- Cedric Von Charles Harper v. State (Tex. App. 2005)
- Gary W. Lowe v. State (Tex. App. 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION
This is an appeal from the trial court’s judgment terminating mother and father’s parental rights to their three children. We dismiss the appeal of mother, Appellant Misty Z. (hereinafter “Mother”), for want of jurisdiction because she failed to articulate good cause for an extension of time to file her notice of appeal. The appeal of father, Kevin Jones, remains pending before this court.
The trial court rendered an October 21, 2004 “Order of Termination.” On November 19, 2004, Mother filed a motion for new trial and a notice of appeal. Because the appeal is accelerated, her notice of appeal was due November 10, 2004. See Tex. R.App. P. 26.1(b).
Because Mother’s notice of appeal was untimely, on November 30, 2004, we notified her that we may not have jurisdiction over her appeal and that we would dismiss her appeal for want of jurisdiction unless she or any party desiring to continue the appeal filed with the court on or before December 10, 2004 a response showing grounds for continuing the appeal. See Tex.R.App. P. 42.3. Mother did not respond.
The timely filing of a notice of appeal is jurisdictional in this court, and absent a timely filed notice or extension request, we must dismiss the appeal. See Tex.R.App. P. 25.1(b), 26.3. A motion for extension of time is implied, however, when a party, acting in good faith, files a notice of appeal within the fifteen-day period in which Rule 26.3(a) permits parties to file a motion for extension of time to file their notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Following an implied motion for extension of time, it is an appellant’s burden to establish a reasonable explanation or, in a termination appeal, good cause for the needed extension. See Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt, 959 S.W.2d at 617; see also Tex. *434 Fam.Code ANN. § 263.405(h) (Vernon 2002) (requiring good cause for extension).
Here, Mother filed her notice of appeal nine days after it was due—-within the fifteen-day extension period. Thus, a motion for extension was implied. Verburgt, 959 S.W.2d at 617. Mother then was required to articulate good cause for the implied extension. But, Mother did not respond to our jurisdiction letter or provide us with any explanation for the needed extension. Having failed to articulate good cause for a nine-day extension of time to file her notice of appeal, Mother is not entitled to prosecute her appeal. Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617; Tex. Fam.Code Ann. § 263.405(h). Accordingly, we dismiss Mother’s appeal for want of jurisdiction.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.