Virginia Bretado v. Nationwide Mutual Insurance Company

Opinion

Fourth Court of Appeals

San Antonio, Texas

January 29, 2018

No. 04-18-00014-CV

Virginia BRETADO,

Appellant

v.

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-09066 Honorable Antonia Arteaga, Judge Presiding

ORDER

The trial court signed a final judgment on September 28, 2017. Appellant timely filed a motion for new trial on October 27, 2017. Therefore, the notice of appeal was due to be filed on December 27, 2017. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 11, 2018. 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, she 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 Texas Rule of Appellate Procedure 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).

We, therefore, ORDER appellant to file, within fifteen days from the date of this order, 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).

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Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of January, 2018.

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KEITH E. HOTTLE, Clerk of Court