Alvin M. Burns, I.M. Burns, Dimmit County, Hakim Dermish, Robert L. Ramirez and Edward J. Dryden v. Rosetta Resources, Ltd., a/k/a Rosetta Resources, Inc., Eusebio Cantu Torres, Eusebio Torres, Jr., Gladiator Energy Services, LLC

Summary

The Fourth Court of Appeals of San Antonio orders certain appellants to explain their untimely notices of appeal. The court states that the notices were filed within the fifteen-day grace period but without motions for extension, and warns that failure to provide a reasonable explanation may result in dismissal.

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, the notice necessarily implies a motion for extension of time.
2. An appellant relying on an implied motion for extension must offer a reasonable explanation for failing to file the notice of appeal timely.

Questions Presented

1. Whether a notice of appeal filed within the fifteen-day grace period of Texas Rule of Appellate Procedure 26.3, but without a separately filed motion for extension, may be treated as accompanied by an implied motion for extension.
2. Whether appellants relying on an implied motion for extension must provide a reasonable explanation for their failure to timely file the notice of appeal.

Disposition

other