Summary
The Texas Fourth Court of Appeals dismissed an appeal from a final judgment in a child-protection matter. The court held that the notice of restricted appeal was untimely and, although filed within the grace period, the appellant failed to provide the required reasonable explanation for the delay.
Holdings
- A notice of restricted appeal filed after the six-month deadline may be treated as accompanied by an implied motion for extension when filed within the fifteen-day grace period, but the appellant must provide a reasonable explanation for the late filing. Because appellant failed to provide that explanation after being ordered to do so, the appeal was dismissed.
Questions Presented
- Whether the restricted appeal should be dismissed when the notice of appeal was filed after the six-month deadline and the appellant failed to provide a reasonable explanation for the untimely filing.
Disposition
dismissed
Cases Cited (1)
- Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…