Paula Manzanares v. Perry Alvarez

• Court: Court of Appeals of Texas
• Decided: January 5, 2022
• Docket: 04-21-00449-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 5, 2022

No. 04-21-00449-CV

Paula MANZANARES, Appellant

v.

Perry ALVAREZ, Appellee

From the County Court, Frio County, Texas Trial Court No. 9704 Honorable Arnulfo C. Luna, Judge Presiding

ORDER

The trial court signed the judgment for plaintiff evicting defendant on September 15, 2021. Appellant’s notice of appeal was due to be filed on October 15, 2021. See TEX. R. APP. P. 26.1(b). Appellant’s notice of appeal was filed on October 18, 2021. A motion for extension of time to file the notice of appeal was due on October 30, 2021. See TEX. R. APP. P. 26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, appellant did not file a motion for extension of time.

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).

It is therefore ORDERED that appellant file, no later than January 18, 2022, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

_________________________________ Lori I. Valenzuela, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of January, 2022.

___________________________________ Michael A. Cruz, Clerk of Court