Melissa Fuentes, Individually, and as Next Friend of Victor Robert Fuentes and Isabella Elaine Fuentes, Minor v. Texas Mutual Insurance Co.

• Court: Court of Appeals of Texas
• Decided: November 17, 2016
• Docket: 04-16-00662-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 17, 2016

No. 04-16-00662-CV

Melissa FUENTES, Individually, and as Next Friend of Victor Robert Fuentes and Isabella Elaine Fuentes, Minor Plaintiffs, Appellant

v.

TEXAS MUTUAL INSURANCE CO., Appellee

From the 112th Judicial District Court, Sutton County, Texas Trial Court No. 5910 Honorable Pedro Gomez, Judge Presiding

ORDER The trial court signed a final order on May 18, 2016. Appellants timely filed a motion for new trial on June 7, 2016. See TEX. R. CIV. P. 306a, 329b(a); Williams v. Flores, 88 S.W.3d 631, 632 (Tex. 2002). Appellants’ notice of appeal was due on August 16, 2016. See TEX. R. APP. P. 26.1(a); Lane Bank Equip. Co. v. Smith S. Equip., Inc., 10 S.W.3d 308, 310 (Tex. 2000). A motion for extension of time to file a notice of appeal was due on August 31, 2016. See TEX. R. APP. P. 26.3; Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003) (per curiam). 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)). Appellants filed an amended motion for new trial on August 11, 2016. See Moritz v. Preiss, 121 S.W.3d 715, 720 (Tex. 2003) (“[A]n amended motion for new trial filed more than thirty days after the trial court signs a final judgment is untimely.”). Appellants’ notice of appeal was filed on October 10, 2016. We ORDER Appellants 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. 42.3(a); Verburgt, 959 S.W.2d at 617 (“[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction.”). If Appellant fails to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ 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 November, 2016.

___________________________________ Keith E. Hottle Clerk of Court