Richard Calvert and Melissa Calvert Morris v. Deborah Calvert Crawley, Robert D. Calvert Jr. and Laura Calvert Bates

• Court: Court of Appeals of Texas
• Decided: April 14, 2020
• Docket: 01-20-00105-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Richard Calvert and Melissa Calvert Morris v. Deborah Calvert Crawley, Robert D. Calvert, Jr., and Laura Calvert Bates

Appellate case number: 01-20-00105-CV

Trial court case number: 271290-403

Trial court: County Probate Court No. 4 of Harris County

Appellants, Richard Calvert and Melissa Calvert Morris, timely filed their notice of appeal on January 29, 2020. Appellants’ filing date established a deadline of February 12, 2020, for any other party wishing to file a notice of appeal. On February 20, 2020, appellees/cross-appellants, Deborah Calvert Crawley, Robert D. Calvert, Jr., and Laura Calvert Bates, filed their “Notice of Conditional Cross-Appeal.” On March 31, 2020, the Clerk of this Court notified appellees/cross-appellants that the cross-appeal was subject to dismissal for want of jurisdiction because the notice of conditional cross-appeal did not appear to be timely filed. Appellees/cross-appellants responded with a “Motion to Extend Time to File Notice of Conditional Cross-Appeal,” in which they provide a reasonable explanation for the failure to file the notice of cross-appeal timely.1 See TEX. R. APP. P. 10.5(b)(1)(C), 26.3; see also Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1996) (explaining, although motion for extension is implied, appellant must provide reasonable explanation for failing to file notice of appeal timely). Accordingly, we grant appellees’/cross-appellants’ “Motion to Extend Time to File Notice of Conditional Cross- Appeal.”

1 A motion for extension of time to file a notice of appeal is implied when a party, acting in good faith, files a notice of appeal beyond the time allowed by rule 26.1, but within the fifteen-day extension period provided by rule 26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (Tex. 1997). Appellees/cross-appellants have also filed a “Motion for Leave to Assert Cross- Appeal Points in the Appellee[s’] Brief.” The motion is denied. Cross-Appellants’ brief, if any, is due 30 days from the date of this order. It is so ORDERED.

Judge’s signature: _______/s/ Evelyn V. Keyes_____  Acting individually  Acting for the Court

Date: ___April 14, 2020____