Damien Herrera and Blaine Castle v. Judy Stahl and Sue Hensley

Judy Stahl and Sue
Fourth Court of Appeals
San Antonio, Texas
February 27, 2014
No. 04-14-00018-CV
Damien HERRERA and Blaine Castle,
Appellants
v.
Judy STAHL and Sue Hensley,
Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-05750
Honorable Michael E. Mery, Judge Presiding
ORDER
Appellants timely filed a notice of appeal within the fifteen-day grace period allowed by
Texas Rule of Appellate Procedure 26.3, but they 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 February 6, 2014, appellants were ordered to file a response in this court by February
21, 2014, presenting a reasonable explanation for failing to file the notice of appeal in a timely
manner. Appellants filed a response on February 20, 2014. After reviewing the response, the
court has determined that it presents a reasonable explanation for failing to timely file the notice
of appeal. It is therefore ORDERED that this appeal is RETAINED on the docket of this court.
Appellant’s brief must be filed no later than twenty days from the date of this order.
_________________________________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 27th day of February, 2014.
___________________________________
Keith E. Hottle
Clerk of Court