Opinion
No. 04-17-00371-CV
08-28-2017
IN THE MATTER OF GUARDIANSHIP OF DONNA JEANNE HAMMOND AND INCAPACITATED PERSON
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 9,688
Honorable Jose A. Lopez, Judge Presiding
ORDER
The trial court signed the final order in this case on May 1, 2017, and thus the notice of appeal in this case was due June 1, 2017. The notice of appeal of appeal was filed on June 8, 2017. A motion for extension of time to file a notice of appeal is necessarily implied when an appellant, acting in good faith, files a notice of appeal within fifteen days of the date the notice is due. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal timely. See id.; Tex. R. App. P. 26.3, 10.5(b)(1)(C); see Hone v. Hanafin, 104 S.W.3d 884, 886-87 (Tex. 2003) (holding "a reasonable explanation" is any plausible statement of circumstances indicating that failure to timely file was not deliberate or intentional, but was the result of inadvertence, mistake or mischance, and that "any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance").
We therefore order appellant Ronald E. Smith to file a response by September 18, 2017 offering a reasonable explanation for failing to timely file the notice of appeal. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c). Appellant has the burden to request the trial court clerk prepare a supplemental clerk's record containing all necessary pleadings and orders to establish this court's jurisdiction. Appellant must file a copy of any such request with this court.
All deadlines in this appeal are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk