Opinion
No. 04-15-00107-CV
07-26-2016
Justin V. HAYNES, Appellant v. Alicia Bryan HAYNES, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-14023
Honorable David A. Canales, Judge Presiding
ORDER
The original notice of appeal filed by appellant Justin Haynes was filed in this Court on February 26, 2015. Following the filing of the clerk's record and the reporter's record, this appeal was abated to allow appellant the opportunity to obtain a ruling on his request for findings of fact and conclusions of law. Appellant was ordered to file an advisory with this Court every 3 weeks regarding the status of the trial court proceedings. Appellant filed these status advisories as ordered. Following conclusion of the trial court proceedings and supplementation of the appellate record, this appeal was reinstated. Appellant timely filed his brief on June 24, 2016.
On July 14, 2016, Appellee, Alicia Haynes filed a motion for extension of time to file a notice of cross-appeal. Appellee states the reason for the out-of-time motion and for the delay in filing a cross notice of appeal was an "inadvertent miscommunication with Appellee's counsel's office." Appellee requests permission to file an untimely cross appeal to seek more favorable relief than that awarded in the trial court.
If an appellee intends to seek more favorable relief than that awarded in the trial court judgment, the appellee must file a notice of appeal by the same deadline as the appellant or up to 14 days after the appellant files its notice of appeal. See TEX. R. APP. P. 26.1(a),(d); Charette v. Fitzgerald, 213 S.W.3d 505, 509 (Tex. App.—Houston [14th Dist.] 2006, no pet.). This Court may not suspend the Rules of Appellate Procedure based upon good cause to alter the time for perfecting an appeal in a civil case. TEX. R. APP. P. 2.
Because it is untimely filed, appellee's motion for extension of time to file a cross appeal is DENIED. Appellee's brief shall be filed on or before August 1, 2016
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of July, 2016.
/s/_________
Keith E. Hottle
Clerk of Court