Court of Civil Appeals of Texas, 2019

in the Interest of I.J.S., Children

in the Interest of I.J.S., Children
Court of Civil Appeals of Texas · Decided September 24, 2019

in the Interest of I.J.S., Children

Opinion

Fourth Court of Appeals San Antonio, Texas September 24, 2019 No. 04-19-00583-CV IN THE INTEREST OF I.J.S., ET AL., CHILDREN

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2018-PA-01574 Honorable Charles E. Montemayor, Judge Presiding

ORDER On September 12, 2019, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because the notice of appeal was filed late. On September 23, 2019, appellant’s counsel filed a response to our order, explaining that he did not learn he had been appointed to represent appellant until the day the notice of appeal was due, and that he promptly filed the notice of appeal as soon as he confirmed the appointment. Because the notice of appeal was filed within the period for granting a motion for extension of time under Texas Rule of Appellate Procedure 26.3, and because appellant’s response provides a reasonable explanation for the failure to timely file the notice of appeal, we conclude that we have jurisdiction over this appeal. See TEX. R. APP. P. 26.3; Hone v. Hanafin, 104 S.W.3d 884, 886– (Tex. 2003).

At this time, the appellate record is complete. We therefore ORDER appellant to file her brief by or before October 14, 2019. See TEX. R. APP. P. 38.6(a)(2).

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of September, 2019.

___________________________________ Luz Estrada, Chief Deputy Clerk

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