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in the Interest of H.H., a Child
07-15-00308-CV
| Tex. App. | Sep 18, 2015
|
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Case Information

*1 Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, G.H., attempts to appeal a Final Order in Suit Affecting the Parent- Child Relationship signed on July 17, 2015. We dismiss the appeal for want of jurisdiction and because G.H. failed to comply with the C ourt’s order requiring a written explanation for his late notice of appeal.

G.H. ’ s notice of appeal was due on August 6, 2015. See T EX . R. A PP . P. 26.1(b). G.H. filed a notice of appeal with this Court on August 10, 2015, but did not file a motion requesting an extension of time to file the notice of appeal. As such, G.H. ’ s *2 notice of appeal failed to invoke the jurisdiction of this Court. See Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997).

Under Texas Rule of Appellate Procedure 26.3, the court may extend the time to file a notice of appeal if, within 15 days after the deadline expires, the appellant files the notice of appeal along with a motion requesting an extension that reasonably explains the need for an extension. See T EX . R. A PP . P. 26.3, 10.5(b). Although a motion for extension is implied when the appellant tenders a notice of appeal within 15 days after the notice deadline, it is still necessary for the appellant to reasonably explain the need for an extension. See Verburgt , 959 S.W.2d at 617; Jones v. City of Houston , 976 S.W.2d 676, 677 (Tex. 1998).

Because G.H. filed a notice of appeal within 15 days after the deadline, a motion for extension was implied. However, the Court ordered G.H. to file a written response by September 3, 2015, explaining why the notice of appeal was filed late. The Court also informed G.H. that the failure to comply with the C ourt’s directive would result in dismissal of the appeal. See T EX . R. A PP . P. 42.3(a), (c). G.H. did not respond to the C ourt’s directive for a written explanation.

Accordingly, we dismiss the appeal for want of jurisdiction and because G.H. failed to comply with a court order requiring a response within a specified time. T EX . R. A PP . P. 42.3(a), (c).

Mackey K. Hancock Justice

2

Case Details

Case Name: in the Interest of H.H., a Child
Court Name: Court of Appeals of Texas
Date Published: Sep 18, 2015
Docket Number: 07-15-00308-CV
Court Abbreviation: Tex. App.
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