in the Interest of M.A., a Child

Fourth Court of Appeals San Antonio, Texas October 7, 2019 No. 04-19-00648-CV IN THE INTEREST OF M.A., A CHILD, From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-00285 Honorable Peter A. Sakai, Judge Presiding ORDER The trial court signed an order terminating appellant’s parental rights on August 22, 2019. Because this is an accelerated appeal, the notice of appeal was due to be filed on September 11, 2019. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on September 26, 2019. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension of time. 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). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C). It is therefore ORDERED that appellant file, within fifteen days of the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of this court. _________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of October, 2019. ___________________________________ LUZ ESTRADA, Chief Deputy Clerk