Opinion
04-24-00640-CV
10-16-2024
Hien Minh CAO, Appellant v. Nhi Ngoc LE, Appellee
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI21924 Honorable Nadine Melissa Nieto, Judge Presiding
ORDER
LORI MASSEY BRISSETTE, JUSTICE
On August 9, 2024, the trial court signed a final, appealable order. A notice of appeal was due on September 9, 2024, and a motion for extension of time to file a notice of appeal was due on September 23, 2024. See Tex. R. App. P. 26.1, 26.3.
On September 20, 2024, after the deadline to file the notice of appeal, Appellant filed a notice of appeal without filing a motion for extension of time to file a notice of appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3]." (emphasis added)).
We ORDER Appellant to SHOW CAUSE in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 10.5(b) (requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (reasonable explanation); Tex.R.App.P. 42.3(a) (dismissal for want of jurisdiction). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).
All other appellate deadlines are SUSPENDED pending further order of this court.