Vicente A. Menchaca v. Insurance Company of the State of Pennsylvania

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION Cause number: 01-18-01122-CV Style: Vicente Menchaca v. Insurance Company of the State of Pennsylvania Date motion filed*: February 19, 2019 Type of motion: Response to Corrected Order and Notice of Intent to Dismiss for Want of Jurisdiction Party filing motion: Pro Se Appellant Vicente Menchaca Document to be filed: Appellant’s Brief

Is appeal accelerated? No.

If motion to extend time: Original due dates: 12/20/18 (NOA deadline); 2/14/19 (brief) Number of extensions granted: 0 Current Due Dates: 1/4/19 (15-day grace period) 2/14/19 (brief) Dates Requested: 12/21/18 (NOA filing date); N/A (no date for brief)

Ordered that motion is:  Granted If document is to be filed, document due: March 28, 2019.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _ Appellant’s “Response to Corrected Order and Notice of Intent to Dismiss for Want of Jurisdiction,” construed as the implied motion for extension of time to file his notice of appeal, is granted because his notice of appeal was filed on December 21, 2018, within the 15-day grace period ending on January 4, 2019, and his motion provides a reasonable explanation for the 1-day delay. See TEX. R. APP. P. 10.5(b), 26.1(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Hone v. Hanafin, 104 S.W.3d 884, 886-87 (Tex. 2003). Accordingly, the Court sua sponte extends the appellant’s brief deadline for 30 days from the date of this Order, and appellant is ordered to file a brief that complies with Rule 38.1 by March 28, 2019. See TEX. R. APP. P. 2, 38.1, 38.6(d).

Judge’s signature: ______/s/ Justice Laura C. Higley_______ x Acting individually Acting for the Court Date: ___February 26, 2019____ November 7, 2008 Revision