Opinion
No. 04-17-00242-CV
05-04-2017
Mark BROWN, Appellant v. WATER EXPLORATION CO., LTD., Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-06710
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
The clerk's record has not been filed, but in his motion for extension of time to file a notice of appeal, Appellant asserts the trial court signed a final judgment on January 13, 2017, and he filed a motion for new trial on February 13, 2017. Assuming these facts, Appellant's notice of appeal was due on April 13, 2017, see TEX. R. APP. P. 26.1(a), and a motion for extension of time to file a notice of appeal was due on May 1, 2017, see id. R. 26.3.
Appellant filed a notice of appeal in the trial court on April 17, 2017, and a motion for extension of time to file a notice of appeal in this court on April 25, 2017. See id. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (implying a motion for extension of time in certain circumstances).
As required by Rule 26.3, Appellant filed a notice of appeal in the trial court within fifteen days after the deadline for filing a notice of appeal and filed in this court a motion for extension of time that complies with Rule 10.5(b). See TEX. R. APP. P. 26.3.
Appellant's motion for extension of time to file a notice of appeal is GRANTED. Appellant's notice of appeal is deemed timely filed.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court