Opinion
01-24-00393-CV
12-10-2024
Jenna Tabakman v. Gary Tabakman
246th District Court of Harris County Trial court case number: 2023-23847
ORDER
Veronica Rivas-Molloy J.
On May 23, 2024, Appellant Jenna Tabakman filed a notice of appeal from the trial court's February 9, 2024 final judgment. On October 10, 2024, we sent Appellant a notice informing her that it was unclear whether she had filed a timely post-judgment motion extending the appellate deadline. See Tex. R. App. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997). We further informed Appellant that even if she had filed her notice of appeal within the fifteen-day extension period permitted under Rule 26.3, she had not filed a motion for extension of time with this Court and had not offered a reasonable explanation for failing to file her notice of appeal timely. See Tex. R. App. P. 10.5(b)(1)(C), 26.3.
On October 18, 2024, Appellant filed a response to our notice, asserting that on March 7, 2024, she had filed a timely post-judgment motion extending the appellate deadline. Appellant explained she did not file her notice of appeal until May 23, 2024 because she was waiting for the trial court to enter a ruling on her post-judgment motion, which the trial court entered on May 15, 2024.
We deem Appellant's May 23, 2024 notice of appeal timely. See Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
It is so ORDERED.