in the Matter of the Marriage of Curtis T Williams and Larmetrice Nunnally-Williams

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Fourth Court of Appeals
San Antonio, Texas
February 17, 2023
No. 04-23-00108-CV
IN THE MATTER OF THE MARRIAGE OF CURTIS T WILLIAMS AND
LARMETRICE NUNNALLY-WILLIAMS,
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-13598
Honorable Angelica Jimenez, Judge Presiding
ORDER
The trial court’s order at issue in this appeal was signed on November 2, 2022. A motion
for new trial was filed on November 15, 2022. Assuming without deciding that the order was
appealable, a notice of appeal was due on January 31, 2023, and a motion for extension of time
to file a notice of appeal was due on February 14, 2023. See TEX. R. APP. P. 26.1, 26.3.
On February 3, 2023, after the deadline to file the notice of appeal, Appellant filed a
notice of appeal without filing a motion for extension of time to file a notice of appeal. See
generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant
would be entitled to move to extend the filing deadline under Rule [26.3].” (emphasis added)).
We order Appellant to show cause in writing within ten days of the date of this order
why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b)
(requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d
668, 670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 42.3(a) (dismissal for want of
jurisdiction). If Appellant fails to respond within the time provided, this appeal will be
dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 17th day of February, 2023.
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MICHAEL A. CRUZ, Clerk of Court