Lon E. Grinage & Marilyn Grinage v. Jason Phillip Thompson & Terrie Mylene Thompson

• Court: Court of Appeals of Texas
• Decided: January 20, 2022
• Docket: 04-21-00516-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 20, 2022

No. 04-21-00516-CV

Lon E. GRINAGE & Marilyn Grinage, Appellants

v.

Jason Phillip THOMPSON & Terrie Mylene Thompson, Appellees

From the 218th Judicial District Court, Wilson County, Texas Trial Court No. CVW1900810 Honorable Lynn Ellison, Judge Presiding

ORDER

The trial court’s order at issue in this appeal was signed on October 18, 2021. Assuming without deciding that the order was appealable, a notice of appeal was due on November 17, 2021, and a motion for extension of time to file a notice of appeal was due on December 2, 2021. See TEX. R. APP. P. 26.1, 26.3. On November 18, 2021, 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 20th day of January, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court