Opinion
No. 04-15-00342-CV
09-10-2015
VILLA DIJON CONDOMINIUM ASSOCIATION, INC., Appellant v. Mary WINTERS, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-03926
Honorable John D. Gabriel, Jr., Judge Presiding
ORDER
In cause number 2015CI00148, the trial court signed a default judgment against Appellants on March 9, 2015. In the same document, the trial court severed the claims against Appellants and assigned them to cause number 2015CI03926.
Absent a timely filed motion that would extend the deadline to file a notice of appeal, see, e.g., TEX. R. APP. P. 26.1(a), Appellants' notice of appeal in cause number 2015CI03926 was due on April 8, 2015, see id. R. 26.1. A motion for extension of time to file a notice of appeal was due not later than April 23, 2015. See id. R. 26.3. Appellants' notice of appeal was filed on June 3, 2015. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3]." (emphasis added)).
We ORDER Appellants to SHOW CAUSE in writing within FIFTEEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Verburgt, 959 S.W.2d at 617 ("[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction."). If Appellants fail to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of September, 2015.
/s/_________
Keith E. Hottle
Clerk of Court