Templeton Mortgage Corporation v. Gary M. Poenisch

Summary

The Texas Fourth Court of Appeals ordered that the clerk’s record from a companion appeal be placed in this appeal because the severed trial-court record was incomplete. The court also ordered Templeton Mortgage Corporation to provide a reasonable explanation for its apparently untimely notice of appeal and warned that the appeal would be dismissed if no timely response was filed.

Holdings

1. When an appellant acting in good faith files a notice of appeal after the deadline in Texas Rule of Appellate Procedure 26.1 but within the fifteen-day grace period in Rule 26.3, a motion for extension of time is necessarily implied.
2. An appellant seeking the benefit of an implied extension must offer a reasonable explanation for failing to timely file the notice of appeal.

Questions Presented

1. Whether Templeton's notice of appeal was untimely and whether a motion for extension of time was implied under Texas Rule of Appellate Procedure 26.3.
2. Whether Templeton had to provide a reasonable explanation for its failure to timely file the notice of appeal.

Disposition

other