In the Interest of S.R.A., a Child--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00664-CV
In the INTEREST OF S.R.A.
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-PA-01952
Honorable John J. Specia, Jr., Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: October 31, 2007

 

DISMISSED FOR LACK OF JURISDICTION

On July 19, 2007, the trial court signed an order terminating Kerri L. Mashburn's parental rights. Mashburn's notice of appeal was therefore due August 8, 2007, or a motion for extension of time to file the notice of appeal was due fifteen days later on August 23, 2007. See Tex. R. App. P. 26.1(b), 26.3; Tex. Fam. Code Ann. 263.405(a), (c) (Vernon Supp. 2006). The record contains a pro se notice of appeal file stamped August 14, 2007, and a notice of appeal filed by counsel and file stamped August 21, 2007. Mashburn did not file a motion for extension of time to file the notice of appeal.

On October 5, 2007, we issued an order requiring Mashburn to file, on or before October 15, 2007, a response showing cause why this appeal should not be dismissed for lack of jurisdiction and advising appellant the appeal would be dismissed if she failed to satisfactorily respond within the time provided. See Tex. R. App. P. 42.3(a), (c). We noted in our order that a notice of appeal may appear to be late if filed by mail pursuant to Rule 9.2(b), Tex. R. App. P. See, e.g., Lofton v. Allstate Ins. Co., 895 S.W.2d 693 (Tex. 1995). Additionally, we noted that a motion for extension of time may be implied when an 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, provided appellant offers a reasonable explanation for failing to file the notice of appeal timely. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997); Tex. R. App. P. 26.3, 10.5(b)(1)(C).

Mashburn has not filed a response to our October 5, 2007, order. Accordingly, we dismiss this appeal for lack of jurisdiction.

 

PER CURIAM