In The Interest of C. E. B.--Appeal from 361st District Court of Brazos County

Dismissed and Opinion filed July 11, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00594-CV

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IN THE INTEREST OF C. E. B.

On Appeal from the 361st District Court

Brazos County, Texas

Trial Court Cause No. 7942-361

M E M O R A N D U M O P I N I O N

This is an attempted appeal from an order of termination signed March 27, 2002. A motion for new trial was filed April 24, 2002. Appellant=s notice of appeal was filed June 7, 2002.

An appeal from an order terminating the parent-child relationship is accelerated and governed by the rules for accelerated appeals in civil cases. Tex. Fam. Code Ann. ' 109.002(a) (Vernon Supp. 2002); Tex. Fam. Code Ann. ' 263.405(a) (Vernon Pamph. 2002). In an accelerated appeal, the notice fo appeal must be filed within 20 days after the judgment or order is signed. Tex. R. App. P. 26.1(b). Moreover, neither a motion for new trial, a request for findings of fact and conclusions of law, nor any other post-trial motion in the trial court will extend the deadline for filing a notice of appeal under rule 26.1(b) of the Texas Rules of Appellate Procedure. Tex. Fam. Code Ann. ' 263.405(c) (Vernon Pamph. 2002).

Appellant=s notice of appeal was not filed timely. A motion for extension of time is necessarily implied when a appellant, 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, 617-18 9 (1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18. Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3.

On June 27, 2002, appellee filed a motion to dismiss the appeal for want of jurisdiction. Appellant filed no response.

Accordingly, we grant appellee=s motion and the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed July 11, 2002.

Panel consists of Justices Hudson, Fowler, and Edelman.

Do Not Publish C Tex. R. App. P. 47.3(b).