From Casetext: Smarter Legal Research

Herrera v. Stahl

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2014
No. 04-14-00018-CV (Tex. App. Feb. 6, 2014)

Opinion

No. 04-14-00018-CV

02-06-2014

Damien HERRERA and Blaine Castle, Appellants v. Judy STAHL and Sue Hensley, Appellees


From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2012-CI-05750

Honorable Michael E. Mery, Judge Presiding


ORDER

The trial court signed the order appellants seek to appeal on December 16, 2013. Because this is an accelerated, interlocutory appeal, appellant's notice of appeal was due to be filed on January 6, 2014. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on January 21, 2014. 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 appellant 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 appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

__________

Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of February, 2014.

__________

Keith E. Hottle

Clerk of Court


Summaries of

Herrera v. Stahl

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2014
No. 04-14-00018-CV (Tex. App. Feb. 6, 2014)
Case details for

Herrera v. Stahl

Case Details

Full title:Damien HERRERA and Blaine Castle, Appellants v. Judy STAHL and Sue…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 6, 2014

Citations

No. 04-14-00018-CV (Tex. App. Feb. 6, 2014)