Opinion
No. 04-17-00309-CV
06-06-2017
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 391356
Honorable Karen Crouch, Judge Presiding
ORDER
Appellant's notice of appeal was due on May 10, 2017. The clerk's record showed that the trial court clerk accepted appellant's notice of appeal for filing on May 16, 2017. Because it appeared that appellant's notice of appeal was not timely, we ordered appellant to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); TEX. R. APP. P. 26.3.
Appellant filed a response to our order. Appellant's response establishes that appellant submitted its notice of appeal to its electronic service provider on May 10, 2017. Except under circumstances not applicable here, an electronically filed document is deemed filed when it is submitted to the filing party's electronic service provider. TEX. R. CIV. P. 21(f)(5). Therefore, appellant's notice of appeal was timely.
We ORDER this appeal retained on the court's docket.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk