Court of Civil Appeals of Texas, 2022

in the Interest of L.G., a Child

in the Interest of L.G., a Child
Court of Civil Appeals of Texas · Decided May 12, 2022

in the Interest of L.G., a Child

Opinion

Order filed May 12, 2022

In The Fourteenth Court of Appeals ____________ NO. 14-22-00335-CV ____________ IN THE INTEREST OF L.G., A CHILD

On Appeal from the 387th District Court Fort Bend County, Texas Trial Court Cause No. 19-DCV-264060 ORDER This is an appeal from an order of termination signed April 4, 2022. The notice of appeal was due April 25, 2022. See Tex. R. App. P. 26.1(b). Appellant, however, filed the notice of appeal on May 9, 2022, 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 to file a proper motion to extend time to file the notice of appeal on or before 10 days after the date of this order. 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

Panel Consists of Chief Justice Christopher and Justices Wise and Jewell.

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