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Simcoe v. Christopher

Fourth Court of Appeals San Antonio, Texas
Nov 5, 2014
No. 04-14-00735-CV (Tex. App. Nov. 5, 2014)

Opinion

No. 04-14-00735-CV

11-05-2014

Brian C. SIMCOE, Appellant v. Thomas CHRISTOPHER and Catrina Christopher, Appellees


From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-15519
Honorable Barbara Hanson Nellermoe, Judge Presiding

ORDER

The trial court signed a final judgment on July 9, 2014. Appellant filed a timely motion for new trial on August 7, 2014. Therefore, the notice of appeal was due to be filed on October 7, 2014. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on October 22, 2014. 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, he 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 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) (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 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 November, 2014.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Simcoe v. Christopher

Fourth Court of Appeals San Antonio, Texas
Nov 5, 2014
No. 04-14-00735-CV (Tex. App. Nov. 5, 2014)
Case details for

Simcoe v. Christopher

Case Details

Full title:Brian C. SIMCOE, Appellant v. Thomas CHRISTOPHER and Catrina Christopher…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 5, 2014

Citations

No. 04-14-00735-CV (Tex. App. Nov. 5, 2014)