Opinion
04-22-00348-CV
06-29-2022
Isabel Carolina VAZQUEZ, Appellant v. SACATAR PROPERTIES, Appellee
From the County Court At Law No 2, Guadalupe County, Texas Trial Court No. 2022-CV-0071 Honorable Kirsten Legore, Judge Presiding
ORDER
Irene Rios, Justice
Appellant attempts to appeal the trial court's judgment awarding possession of real property to appellee Sacatar Properties in a forcible detainer action. The trial court signed the judgment on May 4, 2022. The notice of appeal was due June 3, 2022. See Tex. R. App. P. 26.1. Although the appellant filed a notice of appeal within the fifteen-day grace period allowed by rule 26.3, she did not file a motion for extension of time. See id. 26.3.
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 rule 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 the appellant to file, on or before July 14, 2022, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If the appellant fails to respond within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c).