Opinion
04-22-00348-CV
08-03-2022
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
Sitting: Irene Rios, Justice, Beth Watkins, Justice Liza A. Rodriguez, Justice
MEMORANDUM OPINION
PER CURIAM.
Appellant appeals from 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 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 Tex. R. App. P. 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).
Therefore, on June 29, 2022, we ordered appellant to file a written response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. We cautioned that if appellant failed to respond within the time provided, the appeal would be dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a court order). Appellant has not responded to our order. Accordingly, we dismiss this appeal. See id.