Fourth Court of Appeals
San Antonio, Texas
July 19, 2018
No. 04-18-00380-CV
IN THE INTEREST OF L.L.N-P., a child,
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-PA-01933
Honorable Richard Garcia, Judge Presiding
ORDER
On June 29, 2018, we ordered appellant to offer a reasonable explanation for filing a late
notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). “[A]ny plausible
statement of circumstances indicating that failure to file ... was not deliberate or intentional, but
was the result of inadvertence, mistake, or mischance, [would] be accepted as a reasonable
explanation.” Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989); see also
Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.San Antonio 1998, no pet.).
Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake
or mischance, even if that conduct can also be characterized as professional negligence. Garcia,
774 S.W.2d at 670; Dimotsis, 966 S.W.2d at 657. Appellant timely responded to our order, and
appellant’s explanation is reasonable. We, therefore, GRANT the motion for extension of time
to file the notice of appeal and ORDER this appeal retained on the court’s docket.
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Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 19th day of July, 2018.
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KEITH E. HOTTLE,
Clerk of Court