Opinion
No. 04-17-00618-CV
10-16-2017
Dina P. Cisneros-BONNETTE, Appellant v. Emcel P. BONNETTE Jr., Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-11830
Honorable Solomon Casseb, III, Judge Presiding
ORDER
The trial court signed a final judgment on June 13, 2017. A timely motion for new trial was filed on July 13, 2017. TEX. R. CIV. P. 329b(a). Because appellant timely filed her motion for new trial, the notice of appeal was due to be filed on September 11, 2017. See TEX. R. APP. P. 26.1(a). Appellant filed her notice of appeal on September 22, 2017. A motion for extension of time in which to file the notice of appeal was due on September 26, 2017, but was not filed. See TEX. R. APP. P. 26.3.
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 Rule 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). Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension of time.
It is therefore ORDERED that appellant file, no later than October 30, 2017, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court