Opinion
No. 04-17-00258-CV
05-05-2017
Claudia PUENTES, Appellant v. STATE OF TEXAS, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-16793
Honorable Rosie Alvarado, Judge Presiding
ORDER
Appellant Claudia Puentes has filed a notice of accelerated appeal stating her intent to appeal from the trial court's interlocutory order granting the State of Texas's plea to the jurisdiction. The trial court signed the order on March 24, 2017. Because this is an accelerated appeal, the notice of appeal was due April 13, 2017. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on April 28, 2017. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension of time.
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 Rule 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) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C).
We therefore ORDER appellant to file, within fifteen days from the date of this order, a written response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court