Champe Carter, Erin Baily Carter, Paige Parker and Melanie Parker v. Gregory Robert Ball

• Court: Court of Appeals of Texas
• Decided: May 14, 2019
• Docket: 04-19-00194-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas May 14, 2019

No. 04-19-00194-CV

Champe CARTER, Erin Baily Carter, Paige Parker and Melanie Parker, Appellants

v.

Gregory Robert BALL, Appellees

From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 15522 Honorable N. Keith Williams, Judge Presiding

ORDER Appellants attempt to appeal the trial court’s Order Granting Defendant’s Motion to Dismiss. An appeal from such an order or judgment is accelerated. See TEX. CIV. PRAC. & REM. CODE ANN. § 27.008(b). The trial court signed the order on February 28, 2019. Because this is an accelerated appeal, the notice of appeal was due March 20, 2019. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on April 4, 2019. See TEX. R. APP. P. 26.3. Although appellants filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, they 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 appellants to file, on or before May 29, 2019, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the 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 14th day of May, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court