Opinion
No. 04-17-00083-CV
04-06-2017
Candice D. FERNANDEZ, Appellant v. Alejandro R. FERNANDEZ, Appellee
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-09245
Honorable Antonia Arteaga, Judge Presiding
ORDER
The trial court's final judgment was signed on November 22, 2016. Therefore, a motion for new trial or notice of appeal was due to be filed in the trial court within thirty days on December 22, 2016. TEX. R. APP. 26.1. Appellant's motion for new trial was not filed until December 30, 2016. Appellant's notice of appeal was thereafter filed in the trial court on February 15, 2017. The notice of appeal is timely only if appellant's motion for new trial was postmarked by December 22, 2016, which would extend the timetable to perfect appeal to ninety days after the date the judgment was signed. TEX. R. CIV. P. 5; TEX. R. APP. P. 25.1(a), 26.1(a)(1). Our records do not contain proof of the date of mailing of appellant's motion for new trial.
Accordingly, it is ORDERED that within fifteen (15) days of the date of this order appellant must provide written proof of the date of mailing the motion for new trial by filing either a copy of the postmark affixed by the United States Postal Service, a certified mail receipt, a certificate of mailing by the United States Postal Service, a receipt endorsed by a commercial delivery service, or an affidavit stating the date and method by which the motion for new trial was mailed to the district clerk. See TEX. R. CIV. P. 5; see TEX. R. APP. P. 9.2(b)(2). If appellant fails to respond within the time provided, or there is no proof the motion for new trial was mailed on or before December 22, 2016, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of the court.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court