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Meza v. Burns

Fourth Court of Appeals San Antonio, Texas
Nov 14, 2017
No. 04-17-00739-CV (Tex. App. Nov. 14, 2017)

Opinion

No. 04-17-00739-CV

11-14-2017

Edward R MEZA, Jr., Sylvia Meza and New Braunfels Home Health Inc., Appellants v. Gloria BURNS, Appellees


From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2015CV00380
Honorable Karen Crouch, Judge Presiding

ORDER

The trial court signed a final judgment on July 6, 2017. Appellants filed a timely motion for new trial on August 3, 2017; therefore, the notice of appeal was due to be filed on October 4, 2017. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on October 19, 2017. See TEX. R. APP. P. 26.3. Although appellants filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, they 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).

It is therefore ORDERED that appellants file, within fifteen days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellants fail 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 14th day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Meza v. Burns

Fourth Court of Appeals San Antonio, Texas
Nov 14, 2017
No. 04-17-00739-CV (Tex. App. Nov. 14, 2017)
Case details for

Meza v. Burns

Case Details

Full title:Edward R MEZA, Jr., Sylvia Meza and New Braunfels Home Health Inc.…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 14, 2017

Citations

No. 04-17-00739-CV (Tex. App. Nov. 14, 2017)