Virginia Bretado v. Nationwide Mutual Insurance Company
This text of Virginia Bretado v. Nationwide Mutual Insurance Company (Virginia Bretado v. Nationwide Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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). _________________________________ 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.
___________________________________ KEITH E. HOTTLE, Clerk of Court
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