Opinion
No. 04-16-00042-CV
02-02-2016
Nancy WEBB, Peggy Whipple and Sharon Bramblett, Appellants v. Arturo MARTINEZ, Jr., Appellee
From the 81st Judicial District Court, La Salle County, Texas
Trial Court No. 13-08-00186-CVL
Honorable Donna S. Rayes, Judge Presiding
ORDER
Nancy Webb, Peggy Whipple, and Sharon Bramblett appeal a judgment signed December 15, 2015. The clerk's record does not contain a motion that extended the time for perfecting an appeal. See TEX. R. CIV. P. 329b(g); TEX. R. APP. P. 26.1(a). Thus, the notice of appeal was due January 14, 2016, or a motion for extension of time to file the notice of appeal was due fifteen days later on January 29, 2016. See TEX. R. APP. P. 26.1, 26.3. The record contains a notice of appeal file stamped January 15, 2016. The record does not reflect the manner in which the notice of appeal was filed in the trial court. Appellants did not file a motion for extension of time to file the notice of appeal.
A notice of appeal may appear to be late if filed by mail pursuant to rule 5 of the Texas Rules of Civil Procedure or rule 9.2(b) of the Texas Rules of Appellate Procedure. See, e.g., Lofton v. Allstate Ins. Co., 895 S.W.2d 693 (Tex. 1995). Additionally, 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, 615 (1997). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal timely. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C); see also Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989).
We therefore order a response is due by February 12, 2016, either establishing that the notice of appeal was timely filed by mail or offering a reasonable explanation for failing to file the notice of appeal timely. If appellants fail to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If any trial court pleadings or orders are necessary to show this court's jurisdiction, appellants have the burden to request the trial court clerk prepare a supplemental clerk's record and must file a copy of any such request with this court.
All deadlines in this appeal are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court