Opinion
No. 04-17-00607-CV
09-28-2017
Debra BARRIENTOS, Appellant v. UNIVERSAL PROTECTION SERVICE, L.P., Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI08748
Honorable Solomon Casseb, III, Judge Presiding
ORDER
Sitting: Sandee Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
Appellant Debra Barrientos has filed a "Notice of Appeal," seeking to "invoke[] the jurisdiction of the Court of Appeals per T.R.A.P. 28.2" for an agreed permissive appeal. The underlying suit appears to have been filed in 2016. We therefore construe the "Notice of Appeal" as a petition for permissive appeal under Texas Rule of Appellate Procedure 28.3, which is applicable to suits filed after September 1, 2011. See TEX. R. APP. P. 28, cmt.
However, the filing is untimely and does not comply with all of the requirements of Rule 28.3. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f) (requiring a petition for permissive appeal to be filed within 15 days of the order to be appealed); TEX. R. APP. P. 28.3(a), (b), (d), (e). We therefore order appellant, Debra Barrientos, to file, by October 13, 2017, an amended petition for permissive appeal that complies with Rule 28.3 and reasonably explains the failure to timely file the petition for permissive appeal. See Stolte v. Cty. of Guadalupe, 139 S.W.3d 406, 410 (Tex. App.—San Antonio 2004, no pet.) ("hold[ing] that the extension provided in Rule 26.3, as well as the implied motion for an extension recognized in Verburgt, are available in section 51.014(d) appeals"); see also Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997) (holding the appellant must offer a reasonable explanation for failing to timely file the instrument perfecting appeal). Appellant is advised that a failure to comply with this order and all other requirements for a permissive appeal may result in the dismissal of this proceeding. See TEX. R. APP. P. 42.3(c).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of September, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court