DISMISS and Opinion Filed July 5, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00344-CV
IN THE INTEREST OF A.G., A CHILD
On Appeal from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-20-711X
MEMORANDUM OPINION
Before Justices Myers, Carlyle, and Goldstein
Opinion by Justice Carlyle
Appellant appeals from the trial court’s January 4, 2022 order in a suit
concerning the parent-child relationship. Although appellant filed a timely motion
for new trial, she filed her notice of appeal on April 15, 2022, eleven days past the
due date. See TEX. R. APP. P. 26.1(b). Because appellant filed the notice of appeal
within the fifteen-day grace period, we informed her that she could remedy the
timeliness problem by filing a motion for extension of time to file the notice of
appeal that complies with rule 10.5(b)(1) and (2). See id. 26.3. Appellant filed an
extension motion but failed to provide the facts relied on to reasonably explain the
need for an extension, as rule 10.5(b)(1)(C) requires. See Hone v. Hanafin, 104
S.W.3d 884, 886 (Tex. 2003) (per curiam) (defining reasonable explanation for a
late-filed notice of appeal as “any plausible statement of circumstances indicating
that failure to file within the [specified] period was not deliberate or intentional, but
was the result of inadvertence, mistake, or mischance.”). Accordingly, by order
dated June 9, 2022, we denied the motion without prejudice to filing a rule-compliant
motion within ten days. To date, appellant has not complied.
Because appellant’s notice of appeal was untimely and she has failed to
remedy the problem by filing an extension motion that complies with rule
10.5(b)(1)(C), we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P.
42.3(a); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545
(Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is
jurisdictional).
/Cory L. Carlyle//
220344f.p05 CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF A.G., A On Appeal from the 305th Judicial
CHILD District Court, Dallas County, Texas
Trial Court Cause No. JC-20-711X.
No. 05-22-00344-CV Opinion delivered by Justice Carlyle.
Justices Myers and Goldstein
participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 5th day of July, 2022.
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