In the Interest of A.E.M., a Child

In re A.E.M. · Fourth Court of Appeals of Texas, San Antonio · September 24, 2015 · No. 04-15-00577-CV

Summary

The Fourth Court of Appeals of Texas ordered the appellant in an accelerated parental-rights termination appeal to provide a reasonable explanation for filing the notice of appeal after the applicable deadline. The court suspended all other appellate deadlines and warned that failure to respond within ten days would result in dismissal.

Holdings

  1. When a notice of appeal is filed after the deadline in Rule 26.1 but within the fifteen-day period in Rule 26.3, a motion for extension is necessarily implied; if the notice was not timely, the appellant must provide a reasonable explanation for the late filing.

Questions Presented

  1. Whether Appellant's notice of appeal was timely under Texas Rule of Appellate Procedure 26.1(b).
  2. Whether Appellant could proceed with the appeal by providing a reasonable explanation for the late filing under Rules 26.3 and 10.5(b)(1)(C).

Disposition

other

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

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