Opinion
08-24-00347-CV
10-11-2024
SRO LAND & MINERALS, LP, MONROE PROPERTIES, INC., MES LAND & MINERALS, LP, BARRY COATES ROBERTS AND GEORGE L. STIEREN, AS TRUSTEES OF COATES ENERGY TRUST, JENNY ROBERTS SCHIMPFF TRUST, CATHERINE G. ROBERTS TRUST, BARRY COATES ROBERTS TRUST, LISA STIEREN HARDEMAN TRUST, GEORGE L. STIEREN TRUST, WENDY STIERN WIRTH TRUST, KELLY STIEREN DANIELL TRUST AND AMY E. STIEREN TRUST, THE ALLAR COMPANY, A TEXAS CORPORATION, AND MARY ROSE SIEVERS ALONZI AND LUCY ANNETTE SIEVERS, AS TRUSTEES OF LUCY H. SIEVERS TRUST, Appellants, v. BNSF RAILWAY COMPANY, Appellee.
Appeal from the 143rd District Court of Reeves County, Texas (TC# 21-04-23946-CVR)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
On October 11, 2024, Appellants filed a notice of appeal in the above-styled and numbered cause. 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 1 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). However, an appellant must still provide the Court with a reasonable explanation for the late filing before the Court may accept the appeal. Accordingly, Appellants are ordered to respond in writing and provide the Court with (1) a reasonable explanation for filing the notice of appeal late, and (2) a motion for extension of time to file their notice of appeal. See Tex.R.App.P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due no later than October 31, 2024. If Appellants fail to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.