Opinion
04-24-00274-CV
06-12-2024
Elizabeth CERDA, Appellant v. CROSSROADS MALL PARTNERS LTD., Target Corporation and Travelers Ins. CO. of AM, Appellees
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI23683 Honorable Antonia Arteaga, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On April 12, 2024, appellant filed a notice of appeal challenging a March 8, 2024 judgment. In her notice of appeal, she explains her notice of appeal is timely because she made a bonafide attempt to file a timely motion for new trial, making her notice of appeal due by June 6, 2024. See TEX. R. APP. P. 26.1(a)(1). She further explains in the event her motion for new trial was untimely, then her notice of appeal was due by April 7, 2024, and she filed it within the fifteen-day grace period provided by Texas Rule of Appellate Procedure 26.3 for filing a motion for extension of time pursuant to Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
At this time, we have docketed the appellate record as due by May 7, 2024. When the appellate record was not filed, we notified the trial court clerk and court reporter by letter dated May 14, 2024, stating the records were late. On May 15, 2024, the court reporter Tracy Plummer filed a notification stating she reached out to appellant to confirm a transcript was not necessary in this appeal. The trial court clerk did not respond.
Thereafter, on May 20, 2024, appellant filed a letter requesting we abate the appellate record deadline. Appellees filed several letters opposing appellant's request and arguing the notice of appeal is untimely. Appellant, however, maintains her notice of appeal is timely. Without a clerk's record, this court cannot confirm its jurisdiction. We therefore order the trial court clerk to file the clerk's record by July 12, 2024.