Ex Parte C.D.R.

Summary

The Fourth Court of Appeals of Texas ordered the appellant in an appeal from a Val Verde County judgment to provide a reasonable explanation for filing the notice of appeal after the deadline under Texas Rule of Appellate Procedure 26.1. The court warned that failure to respond within fifteen days would result in dismissal and suspended all other appellate deadlines.

Holdings

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

Questions Presented

1. Whether notices of appeal filed after the Rule 26.1 deadline but within the Rule 26.3 fifteen-day grace period may be treated as accompanied by an implied motion for extension.
2. Whether appellant must provide a reasonable explanation for failing to file the notice of appeal timely.

Disposition

other