In the Interest of R.R.S., a Child

No. 14-21-00350-CV · Court of Appeals of Texas, Fourteenth District · August 12, 2021 · No. 14-21-00350-CV

Summary

The Fourteenth Court of Appeals of Texas dismissed an appeal for want of jurisdiction because the notice of appeal was filed after the deadline and the appellant failed to provide a reasonable explanation or file a motion to extend time. The court concluded that the appeal could not proceed under the applicable Texas Rules of Appellate Procedure.

Holdings

  1. When a notice of appeal is filed within fifteen days after the deadline, an extension may be implied, but the appellant must provide a reasonable explanation for the late filing and comply with the applicable extension requirements. Because appellant failed to file a proper motion to extend or otherwise support the late filing, the court lacked jurisdiction and dismissed the appeal.

Questions Presented

  1. Whether the appellate court had jurisdiction when appellant filed the notice of appeal after the deadline and failed to provide a reasonable explanation for the late filing or file a motion to extend.

Disposition

dismissed

Cases Cited (2)

  • Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)(followed)
  • Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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