Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00725-CV
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
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
Delivered and Filed: January 11, 2017
DISMISSED FOR LACK OF JURISDICTION
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,
04-16-00725-CV
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 jurisdiction. See TEX.
R. APP. P. 42.3(a).
PER CURIAM
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