in the Interest of A.J.P., a Child

NO. 07-09-0069-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

MARCH 25, 2009

______________________________

In the Interest of A.J.P., A Child

_________________________________

FROM THE 69^TH DISTRICT COURT OF DALLAM COUNTY;

NO. 10,854; HON. RON ENNS, PRESIDING

_______________________________

Order on Motion to Dismiss

_________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          Pending before the court is a motion to dismiss the above referenced cause filed by Abraham Roberto Sanchez and Toni Michelle Sanchez, the appellees. We hold the motion in abeyance at this time for the reason expressed below.

          On January 12, 2009, the trial court entered an order terminating the parental rights of Adrian Ryan Santos to A.J.P., a minor child. Santos filed a notice of appeal wherein he certified that it was mailed on February 16, 2009. The appellees, then, filed a motion to dismiss the appeal, contending that Santos’ notice was late.

          According to statute and because the proceeding is accelerated, someone appealing from a termination order in Texas must file a notice of appeal within twenty days from the date the order is signed. Tex. Fam. Code Ann. § 109.002(a) (Vernon 2008); Tex. R. App. P. 26.1(b). In the case at bar, the termination order was signed on January 12, 2009; therefore, Santos’ notice was due on February 2, 2009. As previously mentioned, it was not filed until February 16^th, that is, 14 days after the deadline. Yet, per Texas Rule of Appellate Procedure 26.3, an extension of time to file a notice of appeal may be sought within 15 days of the date the notice was due. See In re M.N., 262 S.W.3d 799, 802 (Tex. 2008) (holding that such extensions may be granted in accelerated appeals). Furthermore, we are to imply that such a motion accompanied a notice filed within the 15-day window, even though no motion was actually tendered. Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997). So, since the notice of appeal at issue here was filed within the 15-day window, Verburgt controls and the notice will not be held untimely so long as Santos reasonably explains why the notice was not filed within the original deadline, i.e. February 2, 2009. Id. at 616.

          Accordingly, Santos is ordered to explain to this court, in writing, why he failed to perfect his appeal on or before February 2, 2009. The explanation must be filed with the clerk of this court via a manner by which it will actually be received by the clerk of this court on or before April 22, 2009. If the explanation is reasonable, then the motion to dismiss will be denied. If not, then the motion will be granted.  

          It is so ordered.

Per Curiam

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NO. 07-10-00250-CR

 

IN THE COURT OF APPEALS

 

FOR THE SEVENTH DISTRICT OF TEXAS

 

AT AMARILLO

 

PANEL B

 

SEPTEMBER 28, 2010

 

 

RAYNE DOUGLAS WEBER, APPELLANT

 

v.

 

THE STATE OF TEXAS, APPELLEE

 

 

 FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;

 

NO. 21,115-C; HONORABLE ANA ESTEVEZ, JUDGE

 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

 

 

MEMORANDUM OPINION

 

Pending before the court is the motion of appellant Rayne Douglas Weber to dismiss his appeal.  Appellant and his attorney have both signed the motion.  Tex. R. App. P. 42.2(a).  No decision of this court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

 

                                                                                                James T. Campbell

                                                                                                            Justice

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