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IN THE INTEREST OF J.R.M., A CHILD
MEMORANDUM OPINION
This is an accelerated appeal from the trial court's April 3, 2017 judgment terminating appellant's parental rights. See TEX. R. APP. P. 28.4. The notice of appeal was due no later than April 24, 2017 or, with a timely extension motion reasonably explaining the need for the extension, May 9, 2017, see id. 4.1(a), 10.5(b), 26.1(b), 26.3. Appellant's notice of appeal was filed May 1, 2017, but without an extension motion. Pursuant to Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), we directed appellant to file, no later than May 18, 2017, an extension motion explaining the delay in filing the notice of appeal. To date, appellant has failed to do so.
Because the timely filing of a notice of appeal is jurisdictional and an appellate court may not extend the filing deadline if no reasonable explanation is provided for needing the extension, we dismiss the appeal. See id. 10.5(b), 26.3; Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.).
DAVID EVANS JUSTICE
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Docket No: No. 05-17-00471-CV
Decided: June 09, 2017
Court: Court of Appeals of Texas, Dallas.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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