Ramiro G. Melendrez and Alicia Melendrez v. Bexar County Tax Assessor-Collector

• Court: Court of Appeals of Texas
• Decided: June 4, 2025
• Docket: 04-24-00482-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00482-CV

Ramiro G. MELENDREZ and Alicia Melendrez, Appellants

v.

BEXAR COUNTY TAX ASSESSOR-COLLECTOR, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-23328 Honorable Benjamin Robertson, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: June 4, 2025

DISMISSED FOR WANT OF JURISDICTION

Appellants, Ramiro G. Melendrez and Alicia Melendrez, attempt to appeal the trial court’s

Order Granting Defendant Bexar County Tax Assessor-Collector’s Plea to the Jurisdiction and

Motion to Dismiss. An appeal from such an order is accelerated. See TEX. CIV. P. & REM. CODE

ANN. § 51.014(a)(8); TEX. R. APP. P. 28.1. The trial court signed the order on June 24, 2024. The

notice of appeal was therefore due on July 15, 2024, and a motion for extension of time to file the

notice of appeal was due on July 30, 2024. See TEX. R. APP. P. 4.1(a), 26.1(b), 26.3. 04-24-00482-CV

Appellants filed their notice of appeal on July 16, 2024—after the deadline for filing the

notice of appeal, but within the time allowed for filing a motion for extension of time to file the

notice of appeal. Appellants did not, however, 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). The appellant must,

however, offer a reasonable explanation for failing to file the notice of appeal in a timely manner.

See id.; TEX. R. APP. P. 10.5(b)(1)(C), 26.3.

We therefore ordered the appellants to file a response presenting a reasonable explanation

for failing to file the notice of appeal in a timely manner. We further notified the appellants that

we would dismiss this appeal if they failed to respond within the time provided. Nevertheless, the

appellants failed to respond.

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a);

Perdew v. Am. Bank of Commerce, No. 01-24-00494-CV, 2024 WL 3940828, at *2 (Tex. App.—

Houston [1st Dist.] Aug. 27, 2024, no pet.) (mem. op.); Porter v. State, No. 04-16-00429-CV, 2016

WL 4208113, at *1 (Tex. App.—San Antonio Aug. 10, 2016, pet. denied) (mem. op.); see also

TEX. R. APP. P. 42.3(c). We dismiss any pending motions as moot.

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