Opinion
No. 04-17-00258-CV
05-24-2017
Claudia PUENTES, Appellant v. Claudia PUENTES, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-16793
Honorable Rosie Alvarado, Judge Presiding
ORDER
On May 5, 2017, we ordered appellant to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). "[A]ny plausible statement of circumstances indicating that failure to file ... was not deliberate or intentional, but was the result of inadvertance, mistake, or mischance, [would] be accepted as a reasonable explanation." Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989); see also Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.—San Antonio 1998, no pet.). Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance, even if that conduct can also be characterized as professional negligence. Garcia, 774 S.W.2d at 670; Dimotsis, 966 S.W.2d at 657. Appellant's attorney timely responded to our order, stating that he "did not specifically remember that an appeal of this given ruling was 'expedited.'" The explanation is reasonable. We, therefore, grant the motion for extension of time to file the notice of appeal and ORDER this appeal retained on the court's docket.
The clerk's record has been filed in this appeal. The filing of the reporter's record is pending. Court reporter Judy Mata has filed a notification of late reporter's record, stating that "the record in this cause has never been requested from [her], nor ha[s] accommodations been made to pay for same." See TEX. R. APP. P. 34.6(b). We note that the clerk's record reflects that appellant filed a Statement of Inability to Afford Payment of Court Costs in the trial court and the clerk's record does not reflect that the trial court has overruled this statement of inability by requiring the appellant to pay costs. See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1.
Therefore, we ORDER appellant to file written proof to this court on or before June 5, 2017 that she has filed a designation of record with the trial court clerk and sent a copy to Judy Mata. See TEX. R. APP. P. 34.6(b). If appellant fails to respond within the time provided, appellant's brief will be due within thirty days from the date of this order, and the court will only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court