Diana Martinez McGlown v. Wells Fargo Bank, N. A.

• Court: Court of Appeals of Texas
• Decided: February 13, 2020
• Docket: 04-20-00025-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas February 13, 2020

No. 04-20-00025-CV

Diana Martinez MCGLOWN, Appellant

v.

WELLS FARGO BANK, N. A., Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2018CV05083 Honorable Melissa Vara, Judge Presiding

ORDER The trial court signed a final judgment on December 6, 2019. Therefore, the notice of appeal was due to be filed on January 6, 2020. See TEX. R. APP. P. 4.1(a), 26.1. A motion for extension of time to file the notice of appeal was due on January 20, 2020. See TEX. R. APP. P. 26.3. 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).

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 a 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). All other appellate deadlines are suspended until further order of this court.

_________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of February, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court