Opinion
04-22-00656-CV
10-27-2022
Richard PARKER, Appellant v. RAD TRUCKING, LTD, and Raul Romero Vasquez, Appellees
From the 365th Judicial District Court, Maverick County, Texas Trial Court No. 16-01-32519-MCVAJA Honorable Amado J. Abascal III, Judge Presiding
ORDER
LIZA A. RODRIGUEZ, JUSTICE
The trial court signed a final judgment on June 13, 2022. Appellant filed a timely motion for new trial on July 13, 2022. Therefore, the notice of appeal was due to be filed on September 12, 2022. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on September 27, 2022. 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, he 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 Texas Rule of Appellate Procedure 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).
We ORDER appellant to file, within fifteen days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c).