Herman Adams v. MacLamar Management

• Court: Court of Appeals of Texas
• Decided: December 29, 2017
• Docket: 04-17-00851-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas December 29, 2017

No. 04-17-00851-CV

Herman ADAMS, Appellant

v.

MACLAMAR MANAGEMENT, Appellee

From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2017CV04194 Honorable David J. Rodriguez, Judge Presiding

ORDER The trial court signed a final judgment on November 16, 2017. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on December 16, 2017. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on December 31, 2017. 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, he 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 Texas Rule of Appellate Procedure 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, 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).

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2017.

___________________________________ KEITH E. HOTTLE, Clerk of Court