Opinion
No. 04-17-00521-CV
09-05-2017
Maria SALINAS and Salvador Morales, Appellants v. Arthur SALINAS and Monica Salinas, Appellees
From the 218th Judicial District Court, Wilson County, Texas
Trial Court No. 15-10-00608-CVW-A
The Honorable Russell Wilson, Judge Presiding
ORDER
The trial court signed a final judgment on May 2, 2017. Appellants filed a timely motion for new trial on June 1, 2017. Therefore, the notice of appeal was due to be filed on July 31, 2017. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on August 15, 2017. See TEX. R. APP. P. 26.3. Although appellants filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, they 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, therefore, ORDER appellants to file, within fourteen 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 appellants fail to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of September, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court