Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 09-30-2022
Case Style:
Paula Manzanares v. Perry Alvarez
Case Number: 04-21-00449-CV
Judge: Rebeca C. Martinez
Court:
Fourth Court of Appeals San Antonio, Texas
On appeal from the County Court, Frio County, Texas
Plaintiff's Attorney:
Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World.
Re: MoreLaw National Jury Verdict and Settlement
Counselor:
MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public.
MoreLaw will publish litigation reports submitted by you free of charge
Info@MoreLaw.com - 855-853-4800
Defendant's Attorney: Perry Alvarez
Description:
San Antonio, Texas – Real Estate lawyer represented Appellant with appealing an eviction notice.
The trial court signed the judgment in favor of appellee evicting appellant on September
15, 2021. Appellant’s notice of appeal was due to be filed on October 15, 2021. See TEX. R. APP.
P. 26.1(b). Appellant’s notice of appeal was filed on October 18, 2021. A motion for extension of
time to file the notice of appeal was due on October 30, 2021. See TEX. R. APP. P. 26.3. Although
appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3,
appellant did not file a motion for extension of time.
A motion for extension of time is necessarily implied when an appellant, acting in good
faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day grace
period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant
must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See
id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C).
On January 5, 2022, this court ordered appellant to file, no later than January 18, 2022, a
response presenting a reasonable explanation for failing to file the notice of appeal in a timely
manner. Our order cautioned that if appellant failed to respond within the time provided, the appeal
would be dismissed. See TEX. R. APP. P. 42.3(c)
Outcome: Appellant did not respond within the time provided. Accordingly, this appeal is dismissed for lack of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: