Opinion
No. 04-17-00738-CV
01-03-2018
Doria GUTIERREZ, Appellant v. AMERICAN BULDERS AND CONTRACTOR'S SUPPLY COMPANY INC., Appellee
MEMORANDUM OPINION
From the County Court at Law No. 10, Bexar County, Texas
Trial Court No. 2016-CV-06004
Honorable John Longoria, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice DISMISSED
The trial court signed a final judgment on April 7, 2017. Because appellant did not participate in the hearing or timely file a post-judgment motion, notice of appeal, or request for findings of fact and conclusions of law, the notice of restricted appeal was due to be filed on October 7, 2017. See TEX. R. APP. P. 26.1(a). Appellant filed her notice of appeal on October 19, 2017. A motion for extension of time to file the notice of restricted appeal was due on October 23, 2017. See TEX. R. APP. P. 26.1(c). Although appellant filed a notice of restricted appeal within the grace period allowed by Rule 26.3, she 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 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). Appellant did not present to this court a reasonable explanation for failing to file the notice of appeal in a timely manner.
We therefore ordered appellant to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. We warned appellant that if she failed to respond satisfactorily within the time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellant did not respond.
Accordingly, this appeal is DISMISSED for lack of jurisdiction.
PER CURIAM