Catalina Salazar v. Rosario Garza and Connie Garza
This text of Catalina Salazar v. Rosario Garza and Connie Garza (Catalina Salazar v. Rosario Garza and Connie Garza) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas July 2, 2021
No. 04-21-00166-CV
Catalina SALAZAR, Appellant
v.
Rosario GARZA and Connie Garza, Appellees
From the County Court, Guadalupe County, Texas Trial Court No. 2020-CV-0067 Honorable Bill Squires, Judge Presiding
ORDER
Appellant attempts to appeal the trial court’s March 9, 2021 order dismissing her appeal from a justice court order to the county court. Because the trial court signed the order on March 9, 2021, the notice of appeal was due April 8, 2021. See TEX. R. APP. P. 26.1. A motion for extension of time to file the notice of appeal was due on April 23, 2021. See TEX. R. APP. P. 26.3. Appellant filed her notice of appeal on April 19, 2021. 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.
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 appellant to file, on or before July 19, 2021, a response presenting a reasonable explanation for failing to file a notice of appeal in a timely manner. If appellant fails to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of July, 2021.
___________________________________ MICHAEL A. CRUZ, Clerk of Court
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