# Fourth Court of Appeals San Antonio, Texas

October 6, 2020

No. 04

- 20

- 00340

- CV

IN THE INTEREST OF A.R., JR., A CHILD,

From the 293rd Judicial District Court

, Zavala County, Texas

Trial Court No. 18

- 03

- 14124

- ZCV Honorable Maribel Flores , Judge Presiding



### O R D E R

Sitting: Iren e Rios , Justice

Beth Watkins, Justice Liza A. Rodriguez, Justice

A review of the clerk’s record has caused us to question our jurisdiction over this appeal. This is an appeal from a final order terminating appellant’s parental rights . It is accelerated in
nature

. See T EX

. F AM

. C ODE § 263.405(a) (providing that appeals from final order s in parental termination cases are accelerated and governed by the rules for accelerated appeals ; T EX

. R. A PP

. P. 28.1 (a) (stating appeals are accelerated when required by statute)

. The trial court signed the final order terminating appellant’s parental rights on May 13, 2019. 1 Because this is an accelerated appeal, appellant’s notice of appeal was due on or before June 2 , 2019. See T EX

. R. A PP

. P. 26.1 (stating in an accelerated appeal the notice of appeal must be filed within 20 days after the judgment or order is signed). A motion for extension of time to file the notice of appeal was due on June 17, 2019. See T EX

. R. A PP

. P. 26.3 (providing an appellate court may extend the time to file a notice of appeal if , within 15 days after the deadline for filing the notice of appeal

, the party files the notice of appeal and a motion in the appellate court)

. Appellant did not file his noti ce of appeal until June 10, 2019. Although appellant filed his notice of appeal within the fifteen

- day grace period allowed by Rule 26.3, he did not file a motion for extension of time. A motion for extension of time is necessarily implied when an

1 The trial court signed an amended order terminating appellant’s parental rights on June 25, 2019; however, beca use t he amended order was signed after the trial court’s plenary power expired , the amended order is a nullity

. See T EX

. R. C IV

. P. 329 b(d) ( providing the trial court has plenary power to vacate, modify, correct, or reform a judgment within thirty days after the judgment is signed) ; Lane Bank Equip. Co. v. Smith So. Equip., Inc. , 10 S.W.3d 308, 310 (Tex. 2000) (recognizing a trial court retain s plenary power to change its judgment for thirty days after signing a final judgment ); see also State ex rel

. Latty v. Owens , 907 S.W.2d 484, 486 (Tex. 1995) ( “Judicial action taken after the court’s jurisdiction over a cause has expired is a nullit y.”)

.appellan t, 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) (constru ing the predecessor to Rule 26). However, to satisfy Rule 26.3

, an appellant must provide a reasonable explanation for his fail ure to file his notice of appeal in a timely manner. See id .; T EX

. R. A PP

. P. 26.3.
We, therefore, ORDER appellant to file, no later than twenty

- one (21) days from the date of this order, a response presenting a reasonable explanation for appellant’s failure to file his notice of appeal in a timely manner. If appellant fails to respond within the time provide d, this appeal will be dismissed.

O ur August 5, 2020 order setting deadlines for designating the reporter’s record and for filing appellant’s brief is WITHDRAWN . Appellant’s motion for extension of time to file his brief is DENIED AS MOOT

. In the event this appeal is retained on the court’s docket, a new deadline for filing appellant’s brief will be set

.

_________________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of October, 2020

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court