Opinion
04-21-00556-CV
03-30-2022
BEXAR APPRAISAL REVIEW BOARD, Appellant v. LUCIFER LIGHTING COMPANY, Appellee
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-09696 Honorable Norma Gonzales, Judge Presiding
Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
DISMISSED
Appellant appeals from the trial court's October 27, 2021 order denying its plea to the jurisdiction. An appeal from such an order is accelerated. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(8). Because this is an accelerated appeal, the notice of appeal was due November 16, 2021. See Tex. R. App. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on December 1, 2021. See Tex. R. App. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, it did not file a motion for extension of time.
A motion for extension of time is necessarily 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. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 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 id.; Tex.R.App.P. 26.3, 10.5(b)(1)(C). Therefore, on January 28, 2022, we ordered appellant to file by February 14, 2022 a written response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. We explained that if appellant failed to respond within the time provided, the appeal would be dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a court order). Appellant has not responded to our order.
Also in our January 28, 2022 order, we explained that appellant's brief was due January 11, 2022, but had not been filed. We ordered appellant to file its brief by February 17, 2022. We explained that if appellant failed to timely file its brief and a written response explaining (1) its failure to timely file a brief and (2) why appellee was not significantly injured by appellant's failure to timely file a brief, we would dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a); see also Tex. R. App. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a court order). Appellant has not filed a brief as ordered.
We therefore dismiss this appeal. See Tex. R. App. P. 38.8(a), 42.3(c). Costs of appeal are taxed against appellant. See Tex. R. App. P. 43.4.