Virginia Bretado v. Nationwide Mutual Insurance Company

Opinion

Fourth Court of Appeals

San Antonio, Texas

February 27, 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

On January 29, 2018, we ordered appellant to offer a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). “[A]ny plausible statement of circumstances indicating that failure to file . . . was not deliberate or intentional, but was the result of inadvertance, mistake, or mischance, [would] be accepted as a reasonable explanation.” Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (alterations in original); see also Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.—San Antonio 1998, no pet.). “This liberal standard of review encompasses the negligence of counsel as a reasonable explanation for the necessity of an extension.” Garcia, 774 S.W.2d at 670. “Thus, the proper focus . . . is on a lack of deliberate or intentional failure to comply.” Id. “Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance—even if that conduct can also be characterized as professional negligence.” Id. Appellant timely responded to our order and provided a reasonable explanation. We, therefore, GRANT the motion for extension of time to file the notice of appeal and ORDER this appeal retained on the court’s docket.

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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 27th day of February, 2018.

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KEITH E. HOTTLE, Clerk of Court