in the Interest of M.A.H., a Child

NOTICE REGARDING STATUS OF APPEAL

PER CURIAM.

A jury found that Destiny Dawn Merritt’s parental rights with respect to her daughter M.AH. should be terminated. The trial court signed a decree in accordance with the verdict on May 29, 2002. Merritt filed a motion for new trial and an indigence affidavit on June 27. She did not file a formal notice of appeal until August 9, twenty-three days after the trial court sustained the court reporter’s contest of her indigence affidavit.

TIMELINESS OF NOTICE OF APPEAL

Based on a recent amendment to the Family Code, this is an accelerated appeal. Tex. Fam.Code. Ann. § 109.002(a) (Vernon 2002). Therefore, the notice of appeal was due twenty days after the decree was signed, which was June 18. Tex. R.App. P. 26.1(b). Merritt’s motion for new trial did not extend the due date for her notice of appeal. Id. 28.1. Accordingly, her formal notice of appeal is untimely.

Nevertheless, “[a] court of appeals has jurisdiction over any appeal where the appellant files an instrument that ‘was filed in a bona fide attempt to invoke appellate court jurisdiction.’ ” Grand Prairie Indep. Sch. Dist. v. S. Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex.1991) (quoting Walker v. Blue Water Garden Apartments, 776 S.W.2d 578, 581 (Tex.1989)); accord Foster v. Williams, 74 S.W.3d 200, 203 (Tex.App.-Texarkana 2002, pet. denied); Health Care Ctrs. of Tex., Inc. v. Nolen, 62 S.W.3d 813, 815 (Tex.App.-Waco 2001, no pet.). Only two documents argu ably can be considered to have invoked our jurisdiction under this principle: the motion for new trial or the indigence affidavit. See Aguirre v. Texas Dep’t of Protective & Regulatory Servs., 917 S.W.2d 462, 464 (Tex.App.-Austin 1996, order, writ denied); J.C. v. State, 892 S.W.2d 85, 86 (Tex.App.-El Paso 1994, no writ); see also Foster, 74 S.W.3d at 203 (construing docketing statement as bona fide attempt to perfect appeal). However, Merritt filed these documents nine days late. See Tex.R.App. P. 26.1(b).

*570IMPLIED EXTENSION

The appellate rules permit this Court to extend the time for filing the notice of appeal if a party files the notice of appeal in the trial court and a motion for extension in this Court within fifteen days “after the deadline for filing the notice of appeal.” Id. 26.3. Merritt filed the motion for new trial and the indigence affidavit within this fifteen-day window. If she filed one of these documents in a “bona fide attempt” to invoke our jurisdiction, then we must imply a motion for extension. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997); In re B.G., 104 S.W3d 565, 567 (Tex.App.-Waco 2002, order); Weik v. Second Baptist Church, 988 S.W.2d 437, 439 (Tex.App.-Houston [1st Dist.] 1999, pet. denied). However, this implied motion will not be granted unless Merritt can provide a reasonable explanation for the late filing. Tex.R.App. P. 10.5(b)(1)(C), 26.3(b); Verburgt, 959 S.W.2d at 617; Cotton v. Cotton, 57 S.W.3d 506, 508-09 (Tex.App.-Waco 2001, no pet.); Coronado v. Farming Tech., Inc., 994 S.W.2d 901, 901 (Tex.App.Houston [1st Dist.] 1999, order, no pet.).

Therefore, we hereby notify Merritt that her appeal is subject to dismissal for want of jurisdiction unless she files a response showing a reasonable explanation for the late filing of her appeal. See Tex. R.App. P. 42.3(a); B.G., 104 S.W.3d at 567; Coronado, 994 S.W.2d at 901-02. If she fails to do so within ten days after the date of this notice, her appeal will be dismissed for want of jurisdiction.

Justice GRAY concurring and dissenting.