Court of Civil Appeals of Texas, 2017

in the Interest of Q.M. and Q.M., Children

in the Interest of Q.M. and Q.M., Children
Court of Civil Appeals of Texas · Decided January 26, 2017

in the Interest of Q.M. and Q.M., Children

Opinion

Order filed January 26, 2017

In The Fourteenth Court of Appeals ____________ NO. 14-17-00018-CV ____________ IN THE INTEREST OF Q.M. AND Q.M., CHILDREN

On Appeal from the 310th District Court Harris County, Texas Trial Court Cause No. 2015-47516 ORDER This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue. The judgment was signed December 19, 2016. The notice of appeal was due within 20 days, which was January 9, 2017. See Tex. R. App. P. 26.1(b), 28.4(a). Appellant T.N.O., however, filed her notice of appeal on January 23, 2017, a date within 15 days of the due date for the notice of appeal.

A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).

Accordingly, we ORDER appellant T.N.O. to file a proper motion to extend time to file the notice of appeal on or before February 6, 2016. See Tex. R. App. P. 26.3, 10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

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