Opinion
08-24-00119-CV
05-08-2024
EX PARTE E. C., Appellant.
Appeal from the 41st District Court of El Paso County, Texas (TC# 2022DCV0973)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
On May 8, 2024, Appellant filed a notice of appeal in the above-styled and numbered cause. The notice of appeal is late, but it was filed within fifteen days after 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 reasonable explanation for the late filing of the notice of appeal before the Court may accept the appeal. Accordingly, Appellant is ordered to respond in writing and provide the Court with a reasonable explanation for filing the notice of appeal late. See Tex. R. App. P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due to be filed no later than May 18, 2024. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.