Opinion
08-24-00220-CV
08-12-2024
VANESSA VELEZ LABRADO, Appellant, v. LEITH LABRADO, LABOE LABRADO AND THREE R'S SCHOOL, LLC, Appellees.
Appeal from the 243rd District Court of El Paso County, Texas (TC# 2021DCV3955)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a) a motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
On July 11, 2022, Appellant filed a notice of appeal in the above-styled and numbered cause. The notice of appeal is late, but it was filed within fifteen days after the deadline for the notice of appeal to be filed. 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 Texas Rule of Appellate Procedure 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). However, an appellant must still provide the Court with a reasonable explanation for the late filing before the Court may accept the appeal. Accordingly, Appellant is ordered to respond in writing and provide the Court with (1) a reasonable explanation for filing the notice of appeal late, and (2) a motion for extension of time to file her notice of appeal. See Tex. R. App. P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due no later than September 1, 2024. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.