Opinion
04-23-00858-CV
01-09-2024
Curtis Tyrone Williams, Appellant v. Larmetrice NUNNALLY-WILLIAMS, Appellees
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13598 Honorable Angelica Jimenez, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE.
On December 12, 2023, we notified appellant that the clerk's record filed in this appeal included a notice of appeal dated February 3, 2023 and a second notice of appeal dated September 18, 2023 challenging the trial court's November 2, 2022 order denying his amended motion for nunc pro tunc and motion for clarification. We further noted that the February 3, 2023 notice of appeal appeared late, but had been filed within the fifteen-day grace period permitted by Rule 26.3 of the Texas Rules of Appellate Procedure. We therefore ordered appellant to file, by December 27, 2023, a response with a reasonable explanation for failing to file the notice of appeal in a timely manner.
On December 20, 2023, appellant filed a response explaining his February 3, 2023 notice of appeal had been docketed as appellate cause number 02-23-00108-CV and ultimately dismissed for lack of jurisdiction on April 26, 2023 as an impermissible interlocutory appeal. See Williams v. Nunnally-Williams, No. 04-23-00108-CV, 2023 WL 3082396, at *1 (Tex. App.-San Antonio April 26, 2023, no pet.) (per curiam). A review of our dismissal indicates appellant could not pursue his appeal because the record showed the cause was not final since a petition to modify was still pending in the trial court. See id. Appellant now states his appeal is permissible because the trial court entered a final agreed order disposing of the petition to modify on August 21, 2023, and he timely filed a notice of appeal on September 18, 2023. See Tex. R. App. P. 26.1.
After consideration, we deem appellant's September 18, 2023 notice of appeal as timely filed in appellate cause number 04-23-00858-CV. At this time, the appellate record is complete, and appellant's brief is due by February 8, 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2024.