Armando Trevino v. Karla Belen Garcia, Individually and as Administratix of the Estate of Maria Luisa Aguilar ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00188-CV
Armando TREVINO,
Appellant
v.
Karla Belen GARCIA, Individually and as Administratrix of The Estate of Maria Luisa Aguilar,
Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2020CVF002238-D4
Honorable Oscar J. Hale, Jr., Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: June 30, 2021
DISMISSED FOR WANT OF JURISDICTION
Appellant appeals from a final order dismissing a case pursuant to Texas Civil Practice and
Remedies Code chapter 27. Pursuant to section 27.008(b), “[a]n appellate court shall expedite an
appeal or other writ, whether interlocutory or not, from a trial court order on a motion to dismiss
a legal action under Section 27.003 . . ..” TEX. CIV. PRAC. & REM. CODE § 27.008(b). Accelerated
appeals include “appeals required by statute to be accelerated or expedited.” See TEX. R. APP. P.
28.1(a). In an accelerated appeal, such as this one, the notice of appeal is due within twenty days
after the date the judgment or order is signed. See id. 26.1(b). Without a timely notice of appeal,
this court lacks jurisdiction. See id. 25.1(b).
04-21-00188-CV
The trial court signed a final order granting appellee’s chapter 27 motion to dismiss and
awarding attorney’s fees on April 9, 2021. Although appellant filed both a request for findings of
fact and conclusions of law and a motion for new trial, in an accelerated appeal, neither of these
filings extends the time to file a notice of appeal. See id. 28.1(b). Accordingly, the notice of appeal
was due on April 29, 2021, twenty days after the date the order was signed. See id. 26.1(b).
Appellant filed his notice of appeal on May 10, 2021. He did not file a motion for extension of
time.
Nevertheless, the appellate rules permit this court to extend the time for filing the notice of
appeal if a party files the notice of appeal in the trial court and a motion for extension of time in
this court within fifteen days “after the deadline for filing the notice of appeal.” See id. 26.3.
Appellant filed his notice of appeal within this fifteen-day window. Thus, we must imply a motion
for extension of time if he can show a reasonable explanation for the late filing. Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997) (implying motion for extension of time to file appellate bond
when bond was filed late but within fifteen-day period for filing motion for extension); see also
Houser v. McElveen, 243 S.W.3d 646, 646-47 (Tex. 2008) (orig. proceeding) (per curiam)
(implying motion for extension of time to file notice of appeal when notice of appeal was filed late
but was mailed within the fifteen-day deadline).
On May 19, 2021, this court ordered appellant to file, in writing, a reasonable explanation
for failing to timely file his notice of appeal no later than June 1, 2021. Our order cautioned
appellant that if he did not provide a reasonable explanation by June 1, 2021, this appeal was
subject to dismissal for want of jurisdiction. See TEX. R. APP. P. 42.3. Appellant did not respond;
therefore, this appeal is dismissed for want of jurisdiction.
PER CURIAM
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