in Re: A Purported Lien or Claim Against Russell Mauer, Owner of Real Property

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00063-CV
___________________________
IN RE: A PURPORTED LIEN OR CLAIM AGAINST RUSSELL MAUER,
OWNER OF REAL PROPERTY
On Appeal from the 16th District Court
Denton County, Texas
Trial Court No. 19-0536-16
Before Bassel, J.; Sudderth, C.J.; and Womack, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
On March 4, 2019, we notified Appellant HEB Homes, LLC of our concern
that we may not have jurisdiction over this appeal because the notice of appeal was
not timely filed. The trial court’s judgment was signed on January 23, 2019; therefore,
the notice of appeal was due February 12, 2019, but was not filed until February 22,
2019. See Tex. Gov’t Code Ann. § 51.903(c) (providing that “[a]n appellate court shall
expedite review of a court’s finding under this section,” which relates to an action on
a fraudulent lien on property); see also Tex. R. App. P. 26.1(b) (providing deadline for
filing accelerated appeal), 28.1(a) (providing that appeals required by statute to be
expedited are accelerated appeals), 28.1(b) (providing how to perfect an accelerated
appeal). We further asked HEB Homes to advise us whether it had properly
addressed, stamped, and delivered the notice of appeal to the mailbox for mailing to
the trial court clerk on or before the last day for filing a motion to extend the time to
file the notice of appeal and to provide us with a reasonable explanation for the late
filing. See Tex. R. App. P. 9.2(b), 10.5(b)(2)(A), 26.3. We have received no response.
An appellate court may extend the time to file a notice of appeal if, within
fifteen days after the due date, the appellant files its notice of appeal and a motion for
extension of time in the appellate court. Tex. R. App. P. 26.3. A motion for
extension of time is implied when a notice of appeal is filed in good faith within
fifteen days following the appellate deadline. Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997). An appellant, however, is required to offer a reasonable explanation for
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the delay in filing the notice of appeal. See Tex. R. App. P. 10.5(b)(1)(C), (b)(2)(A),
26.3(b); Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); In re G.J.P., 314
S.W.3d 217, 221 (Tex. App.—Texarkana 2010, pet. denied).
As HEB Homes has not provided any explanation for its delay in filing its
notice of appeal, we lack jurisdiction over this appeal. See Jones, 976 S.W.2d at 677;
G.J.P., 314 S.W.3d at 221. Accordingly, we dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Jones, 976 S.W.2d at 677; Verburgt, 959
S.W.2d at 617.
Per Curiam
Delivered: April 25, 2019
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