Isabel Carolina Vazquez v. Sacatar Properties

• Court: Court of Appeals of Texas
• Decided: June 29, 2022
• Docket: 04-22-00348-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas June 29, 2022

No. 04-22-00348-CV

Isabel Carolina VAZQUEZ, Appellant

v.

SACATAR PROPERTIES, Appellee

From the County Court At Law No 2, Guadalupe County, Texas Trial Court No. 2022-CV-0071 Honorable Kirsten Legore, Judge Presiding

ORDER Appellant attempts to appeal the trial court’s judgment awarding possession of real property to appellee Sacatar Properties in a forcible detainer action. The trial court signed the judgment on May 4, 2022. The notice of appeal was due June 3, 2022. See TEX. R. APP. P. 26.1. Although the 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. See id. 26.3.

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 the appellant to file, on or before July 14, 2022, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If the 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 29th day of June, 2022.

___________________________________ Michael A. Cruz, Clerk of Court