Opinion
No. 04-15-00030-CV
03-13-2015
David PERALTA, Appellant v. MASSACHUSSETTS INSTITUTE OF TECHNOLOGY, Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 333462
Honorable David J. Rodriguez, Judge Presiding
ORDER
The trial court signed a final judgment on October 16, 2014. Appellant's notice of appeal was due to be filed on November 17, 2014. See TEX. R. APP. P. 26.1(a). Appellant filed a notice of appeal on November 18, 2014. A motion for extension of time in which to file the notice of appeal was due on December 1, 2014, but was not filed. See TEX. R. APP. P. 26.3.
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); Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.-San Antonio 1998, no pet.) (stating same under current 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).
It is therefore ORDERED that appellant file, no later than March 23, 2015, 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).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of March, 2015.
/s/_________
Keith E. Hottle
Clerk of Court