in the Matter of the Marriage of Curtis T Williams and Larmetrice Nunnally-Williams

Court of Appeals of Texas

in the Matter of the Marriage of Curtis T Williams and Larmetrice Nunnally-Williams

Court of Appeals of Texas·Decided February 17, 2023·No. 04-23-00108-CV·Published

Opinion

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Fourth Court of Appeals

San Antonio, Texas

February 17, 2023

No. 04-23-00108-CV

IN THE MATTER OF THE MARRIAGE OF CURTIS T WILLIAMS AND LARMETRICE NUNNALLY-WILLIAMS,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13598 Honorable Angelica Jimenez, Judge Presiding

ORDER

The trial court’s order at issue in this appeal was signed on November 2, 2022. A motion for new trial was filed on November 15, 2022. Assuming without deciding that the order was appealable, a notice of appeal was due on January 31, 2023, and a motion for extension of time to file a notice of appeal was due on February 14, 2023. See TEX. R. APP. P. 26.1, 26.3.

On February 3, 2023, after the deadline to file the notice of appeal, Appellant filed a notice of appeal without filing a motion for extension of time to file a notice of appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].” (emphasis added)).

We order Appellant to show cause in writing within ten days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b) (requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 42.3(a) (dismissal for want of jurisdiction). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of February, 2023.

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MICHAEL A. CRUZ, Clerk of Court

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FILE COPY

Fourth Court of Appeals

San Antonio, Texas

February 17, 2023

No. 04-23-00108-CV

IN THE MATTER OF THE MARRIAGE OF CURTIS T WILLIAMS AND LARMETRICE NUNNALLY-WILLIAMS,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13598 Honorable Angelica Jimenez, Judge Presiding

ORDER

The trial court’s order at issue in this appeal was signed on November 2, 2022. A motion for new trial was filed on November 15, 2022. Assuming without deciding that the order was appealable, a notice of appeal was due on January 31, 2023, and a motion for extension of time to file a notice of appeal was due on February 14, 2023. See TEX. R. APP. P. 26.1, 26.3.

On February 3, 2023, after the deadline to file the notice of appeal, Appellant filed a notice of appeal without filing a motion for extension of time to file a notice of appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].” (emphasis added)).

We order Appellant to show cause in writing within ten days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b) (requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 42.3(a) (dismissal for want of jurisdiction). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of February, 2023.

FILE COPY

MICHAEL A. CRUZ, Clerk of Court

in the Matter of the Marriage of Curtis T Williams and Larmetrice Nunnally-Williams, (Tex. Ct. App. 2023).

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