Opinion
No. 05-13-01311-CV
02-12-2014
IN THE INTEREST OF N.A.A. AND K.D.A., CHILDREN
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-52696-06
ORDER
Before the Court is appellant's January 15, 2014 motion for extension of time to file brief concurrently tendered. The motion was held pending a response from appellant regarding the timeliness of his appeal. On January 31, 2014, we received appellant's response. In his response, appellant asserts the notice of appeal, which was filed one day late but within the fifteen-day grace period allowed under rule 26.3 of the Texas Rules of Appellate Procedure, was timely filed under the "mailbox rule." See TEX. R. APP. P. 9.2(b), 26.3. Attached to appellant's letter is a certified mail receipt and a United States Postal Service tracking sheet reflecting appellant filed his notice of appeal within the time allowed under rule 26.1(a). See id. 26.1(a). Although given an opportunity to reply, appellee has not replied.
We consider the notice of appeal timely for jurisdictional purposes, given appellant's proof. We GRANT appellant's January 15th extension motion and ORDER the brief concurrently tendered filed as of the date of this order.
ELIZABETH LANG-MIERS
JUSTICE