Stephen Gonzalez v. Stephanie Gonzalez

Order entered November 18, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01361-CV
STEPHEN GONZALEZ, ET AL, Appellants
V.
STEPHANIE GONZALEZ, Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-04009
ORDER
Before the Court is appellee’s November 5, 2014 motion to dismiss the appeal for lack of
jurisdiction. See TEX. R. APP. P. 42.3(a). Appellee argues the notice of appeal, filed October 14,
2014, was filed one day late. See id. 26.1(a). Appellee further argues that appellants can no
longer request an extension of time because they did not file an extension motion within fifteen
days of the deadline for filing the notice of appeal as required by Texas Rule of Appellate
Procedure 26.3. See id. 26.3. A motion for extension of time, however, is implied when an
appellant acting in good faith files a notice of appeal within the fifteen-day period in which the
appellant would be entitled to move to extend the filing deadline under rule 26.3. See In re
K.M.Z., 178 S.W.3d 432, 433 (Tex. App.-–Fort Worth 2005, no pet.) (citing Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997)). Accordingly, we DENY appellee’s motion to dismiss. We
ORDER appellants to file, no later than December 1, 2014, an extension motion reasonably
explaining why the notice of appeal was untimely filed. See TEX. R. APP. P. 10.5(b), 26.3. We
caution appellants that failure to comply may result in dismissal of the appeal without further
notice. See id. 25.1(b), 26.2, 42.3; Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex.
App.-–Houston [1st Dist.] 2007, no pet.).
/s/ CRAIG STODDART
JUSTICE