Opinion
No. 08-15-00113-CV
10-30-2015
David Sims, Appellant, v. The City of Madisonville and the Madisonville Police Department, Appellees.
Appeal from the 12 District Court of Madison County, Texas (TC# 14-13720-012-10) ORDER
Appellees filed a motion to dismiss the appeal for want of jurisdiction because Appellant failed to timely file his notice of appeal. Appellant filed his notice of appeal within 15 days of the due date, but he did not file a motion for extension of time to file the notice of appeal. Under these circumstances, an extension motion is implied, but Appellant is required to provide a reasonable explanation for the untimely filing. On October 28, 2015, we gave Appellant an opportunity to correct this defect and he filed a detailed response to the motion to dismiss. The response includes a reasonable explanation why Appellant filed his notice of appeal one day late. Appellees' motion to dismiss the appeal is DENIED.
IT IS SO ORDERED this 30 day of October, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.