Opinion
No. 04-16-00269-CV
06-06-2016
IN THE ESTATE OF BILLYE M. HORMUTH, DECEASED
From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2011PC4120
Honorable Tom Rickhoff, Judge Presiding
ORDER
On June 2, 2016, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. This court's order was based on the supplemental clerk's record filed on June 1, 2016, and appellant's reference in his docketing statement to a motion to reinstate filed on March 23, 2016. Our order noted the motion to reinstate was not contained in the clerk's record or supplemental clerk's record filed in this appeal; however, the motion to reinstate would need to have been filed by February 22, 2016 in order to be timely. TEX. R. CIV. P. 329b(a).
On June 3, 2016, a second supplemental clerk's record was filed containing a motion to reinstate filed by appellant on February 18, 2016. Because the motion to reinstate was timely filed, appellant's notice of appeal was due to be filed on April 21, 2016, and a motion for extension of time to file the notice of appeal was due on May 6, 2016. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal and a motion for extension of time on April 28, 2016. In his motion for extension of time, appellant's attorney states he missed the deadline for filing the notice of appeal because of his busy schedule. Appellant's motion is GRANTED. The appellate record is complete. Appellant's brief must be filed no later than thirty days from the date of this order.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of June, 2016.
/s/_________
Keith E. Hottle
Clerk of Court