Opinion
No. 04-17-00309-CV
05-26-2017
CITY OF SAN ANTONIO, Appellant v. Patrick TORRES and Johnnie Dears, Appellees
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 391356
Honorable Karen Crouch, Judge Presiding
ORDER
Appellant attempts to appeal an order denying its plea to the jurisdiction. An appeal from such an order is accelerated. See TEX. R. APP. P. 28.1; TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(b)(8) (West Supp. 2016). The trial court signed the order on April 20, 2017. Because this is an accelerated appeal, the notice of appeal was due May 10, 2017. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on May 25, 2017. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, it did not file a motion for extension of time.
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). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C).
We therefore ORDER appellant to file, within fifteen days from the date of this order, a written 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, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court