Opinion
Appellate case number: 01-17-00139-CV
06-15-2017
ORDER Trial court case number: 2014-59460 Trial court: 152nd District Court of Harris County
On April 20, 2017, the Clerk of this Court notified appellant that the Court's records indicated that the notice of appeal from the January 10, 2017 final judgment may not have been timely filed and a reasonable explanation for the failure to file the notice of appeal timely was necessary. The Clerk further notified appellant that, unless it responded to the notice by May 4, 2017, the Court might dismiss the appeal. On May 9, 2017, appellant filed a motion requesting an extension to May 15, 2017, to respond. On May 23, 2017, we granted appellant's motion and directed appellant to respond to this Court's April 20, 2017 notice no later than June 2, 2017. Appellant has not responded.
Appellant's motion did not include a certificate of conference. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Appellees did not respond to the motion.
Appellant, however, has filed a second motion for an extension of time to respond and provide a reasonable explanation as to why the notice of appeal was not timely filed. The motion is granted. Appellant's response, providing a reasonable explanation for untimely filing the notice of appeal as directed in the April 20, 2017 "Notice of Intent to Dismiss" is due to be filed no later than Monday, June 19, 2017. No further extensions will be granted absent extraordinary circumstances.
Appellant must respond in writing even if appellant has previously claimed that the notice of appeal was timely filed. If a meritorious response is not received in the form described above by the deadline, the Court may dismiss the appeal for want of jurisdiction without further notice. See TEX. R. APP. P. 42.3(a).
It is so ORDERED. Judge's signature: /s/ Russell Lloyd
[v] Acting individually [ ] Acting for the Court Date: June 15, 2017