Webber, LLC v. Marcos Saenz, Individually and as Next of Friend of S.S. and M.S.S., Minor Children

• Court: Court of Appeals of Texas
• Decided: August 6, 2025
• Docket: 04-25-00380-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00380-CV

WEBBER, LLC, Appellant

v.

Marcos SAENZ, Individually and as Next of Friend of S.S. and M.S.S., Minor Children, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2020CV05025 Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice

Delivered and Filed: July 6, 2025

DISMISSED FOR WANT OF JURISDICTION

Appellant filed an interlocutory notice of appeal challenging an order signed twenty-six

days prior. The notice was thus untimely but within the fifteen-day grace period allowed by the

rules. See TEX. R. APP. P. 26.1(b), 26.3. We ordered appellant to file a reasonable explanation for

the late filing. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (courts imply a motion

for extension of time when an appellant, acting in good faith, files a notice of appeal within the

fifteen-day grace period); see also Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003) (noting that 04-25-00380-CV

“a reasonable explanation is ‘any plausible statement of circumstances indicating that failure to

file within the [specified] period was not deliberate or intentional, but was the result of

inadvertence, mistake or mischance’”). Appellant has not responded to our order in any manner.

We cannot imply a motion for extension of time in the absence of a reasonable explanation.

TEX. R. APP. P. 10.5(b), 26.3. Accordingly, this appeal is dismissed for want of jurisdiction. TEX.

R. APP. P. 42.3(a), (c).

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