Opinion
08-24-00363-CV
11-08-2024
BENJAMIN DUNN, Appellant, v. THOMPSON, COE, COUSINS AND IRONS, LLP D/B/A THOMPSON COE, Appellee.
Appeal from the 455th Judicial District Court of Travis County, Texas (TC# D-1-GN-23-008730)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
On September 19, 2024, Appellant filed a notice of appeal in the above-styled and numbered cause with the Third Court of Appeals, which was then transferred to this Court on October 23, 2024. The notice of appeal is late, but it was filed within fifteen days of the deadline for the notice of appeal to be filed. 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 Texas Rule of Appellate Procedure 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).
However, an appellant must still provide the Court with a formal motion for an extension containing a reasonable explanation for the late filing before the Court may accept the appeal. Accordingly, Appellant is ORDERED to file a motion for extension of time to file their notice of appeal providing this Court with a reasonable explanation for the late filing. See Tex.R.App.P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The motion is due no later than November 27, 2024. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.