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In re E.S.R.

Court of Appeals of Texas, Fourth District, San Antonio

January 11, 2017

IN THE INTEREST OF E.S.R., JR., a Child

         From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2015-PA-02014 Honorable Charles E. Montemayor, Judge Presiding

         DISMISSED FOR LACK OF JURISDICTION

          Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice

          MEMORANDUM OPINION

          PER CURIAM

         From our initial review of the record it appeared that appellant attempts to appeal the trial court's order of termination of parental rights.

         An 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.

         A 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.

         Appellant 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.

         Therefore, 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 respond.

         It is therefore ORDERED that this appeal is dismissed for lack of ...


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