Opinion
08-24-00053-CV
03-13-2024
WEBSTER SANFORD, Appellant, v. WEHNER MULTIFAMILY LLC AND ICON SAN ANTONIO, LLC, Appellees.
Appeal from the 438th District Court of Bexar County, Texas (TC# 2024CI01882)
Before Alley, C.J., Palafox and Alley, JJ.
ORDER
PER CURIAM
On February 27, 2024, Appellant filed notice of appeal in the above-styled and numbered cause with the Fourth Court of Appeals, which was then transferred to this Court on March 8, 2023. 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 the Texas Rules of Appellate Procedure, 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). Tex.R.App.P. 26.1, 26.3. However, an appellant must still provide the Court with a reasonable explanation for the late filing of the notice of appeal before the Court may accept the appeal. And, the notice of appeal states that Appellant will file a motion for extension of time "after the case is docketed by the Court of Appeals." Accordingly, Appellant is ordered to respond in writing and provide the Court with a reasonable explanation for filing the notice of appeal late. See Tex. R. App. P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due to be filed no later than March 23, 2024. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.