Damien Herrera and Blaine Castle v. Judy Stahl and Sue Hensley

Opinion

Fourth Court of Appeals

San Antonio, Texas

February 6, 2014

No. 04-14-00018-CV

Damien HERRERA and Blaine Castle, Appellants

v.

Judy STAHL and Sue Hensley, Appellees

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-05750 Honorable Michael E. Mery, Judge Presiding

ORDER

The trial court signed the order appellants seek to appeal on December 16, 2013.

Because this is an accelerated, interlocutory appeal, appellant’s notice of appeal was due to be filed on January 6, 2014. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on January 21, 2014. 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).

It is therefore ORDERED that appellant file, within fifteen days from the date of this order, 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).

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Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of February, 2014.

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Keith E. Hottle Clerk of Court