Mario R. Esparza v. Karen R. Andersen

Opinion

Fourth Court of Appeals

San Antonio, Texas

June 7, 2021

No. 04-21-00191-CV

Mario R. ESPARZA,

Appellant

v.

Karen R. ANDERSEN,

Appellee

From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2021-PC-0326 The Honorable Veronica Vasquez, Judge Presiding

ORDER

On March 29, 2021, the probate court signed an order appointing a temporary administrator. Assuming without deciding that the order was appealable, a notice of appeal was due on April 28, 2021, and a motion for extension of time to file a notice of appeal was due on May 13, 2021. See TEX. R. APP. P. 26.1, 26.3.

On May 13, 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).

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Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2021.

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MICHAEL A. CRUZ, Clerk of Court