Opinion
No. 04-19-00194-CV
05-31-2019
Champe CARTER, Erin Baily Carter, Paige Parker and Melanie Parker, Appellants v. Gregory Robert BALL, Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 15522
Honorable N. Keith Williams, Judge Presiding
ORDER
On May 14, 2019, we ordered appellants to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). "[A]ny plausible statement of circumstances indicating that failure to file ... was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance, [would] be accepted as a reasonable explanation." Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989); see also Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.—San Antonio 1998, no pet.). Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance, even if that conduct can also be characterized as professional negligence. Garcia, 774 S.W.2d at 670; Dimotsis, 966 S.W.2d at 657. Appellants timely responded to our order, stating that the error was due to a mistake. The explanation is reasonable. We, therefore, GRANT the motion for extension of time to file the notice of appeal and ORDER this appeal retained on the court's docket.
Appellants' brief was filed on May 28, 2019. Accordingly, appellee's brief is due on or before June 17, 2019.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court