Court of Appeals of Texas, Fourth District, San Antonio
the 438th Judicial District Court, Bexar County, Texas Trial
Court No. 2015-PA-02014 Honorable Charles E. Montemayor,
FOR LACK OF JURISDICTION
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini,
Justice Irene Rios, Justice
our initial review of the record it appeared that appellant
attempts to appeal the trial court's order of termination
of parental rights.
appeal from such an order is accelerated. Tex. Fam. Code Ann.
§ 109.002 (West 2014). The trial court signed the order
of termination on June 23, 2016. Because this is an
accelerated appeal, the notice of appeal was due July 13,
2016. See Tex. R. App. P. 26.1(b). A motion for
extension of time to file the notice of appeal was due on
July 28, 2016. See Tex. R. App. P. 26.3.
motion for extension of time is necessarily implied when an
appellant, acting in good faith, files a notice of appeal
beyond the time allowed by Rule 26.1 but within the
fifteen-day grace period provided by Rule 26.3 for filing a
motion for extension of time. See Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the
predecessor to Rule 26). But "once the period for
granting a motion for extension of time under Rule [26.3] has
passed, a party can no longer invoke the appellate
court's jurisdiction." Id.
filed a notice of appeal and a motion for extension of time
to file the notice of appeal on November 3, 2016. It thus
appears that neither document was filed within the time
allowed for filing a motion for extension of time to file the
notice of appeal.
on December 2, 2016, this court ordered appellant to show
cause in writing by December 17, 2016, why this appeal should
not be dismissed for lack of jurisdiction. Appellant did not
therefore ORDERED that this appeal is dismissed for lack of