Opinion
04-23-00552-CV
06-08-2023
IN THE INTEREST OF P. M. M., a Child
From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-21699 Honorable Antonia Arteaga, Judge Presiding
ORDER
PER CURIAM
On May 2, 2023, the trial court signed an "Order on Motion to Dissolve the Statement of Inability to Afford Payment of Court Cost or an Appeal Bond and Motion for 13 Sanctions." On May 16, 2023, the trial court signed an "Order on Motion for 13 Sanctions and Attorney Fees." The clerk's record does not contain a final order in this suit affecting the parent-child relationship. On May 26, 2023, appellant filed a notice of appeal from the trial court's May 2nd and May 16th orders.
As noted above, the clerk's record does not contain a signed final judgment in the underlying case. Therefore, we question whether we have jurisdiction over appellant's attempt to challenge the May 2nd order. Accordingly, appellant is hereby ORDERED to either (1) show cause, in writing, no later than June 20, 2023 why this appeal should not be dismissed for lack of jurisdiction or (2) cause to be filed a supplemental clerk's record containing a signed final judgment. If appellant does not respond by June 20, 2023, this appeal is subject to dismissal for want of jurisdiction.
If we have jurisdiction, Texas Rule of Civil Procedure 145 allows appeals from orders requiring a declarant to pay costs. The order may be challenged by declarant (here, appellant) "by motion filed in the court of appeals with jurisdiction over an appeal from the judgment in the case." TEX. R. CIV. P. 145(G)(1). HOWEVER, SUCH A MOTION MUST BE FILED "WITHIN 10 DAYS AFTER THE DATE THIS ORDER IS SIGNED." Id. 145(g)(2). We "may extend the deadline by 15 days if the declarant demonstrates good cause for the extension in writing." Id.
Appellant did not file a motion, but instead, filed a notice of appeal. Even if we construe his notice of appeal as a "motion," it was not timely filed. The notice of appeal was due within ten days of the May 2nd order- May 22nd. Appellant did not file a motion for extension of time, which was due on June 6, 2023.
Because appellant filed his notice of appeal within fifteen days of the original due date, we may imply a motion for extension if he can show good cause for the late filing. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (implying motion for extension of time to file appellate bond when bond was filed late but within fifteen-day period for filing motion for extension); see also Houser v. McElveen, 243 S.W.3d 646, 646-47 (Tex. 2008) (orig. proceeding) (per curiam) (implying motion for extension of time to file notice of appeal when notice of appeal was filed late but was mailed within the fifteen-day deadline); TEX. R. CIV. P. 145(G)(2).
Appellant is hereby ORDERED to file, in writing, a reasonable explanation showing good cause for failing to timely-file his notice of appeal no later than June 20, 2023. If appellant does not provide a reasonable explanation by June 20, 2023, this appeal is subject to dismissal for want of jurisdiction.
All other appellate deadlines are held in abeyance pending further order of this court.
It is so ORDERED.