Yasmin Y. Betancourt v. Wells Fargo Bank, NA. ( 2018 )

NUMBER 13-18-00570-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
___________________________________________________________
YASMIN Y. BETANCOURT, Appellant,
v.
WELLS FARGO BANK, NA., Appellee.
____________________________________________________________
On appeal from the 275th District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, Yasmin Y. Betancourt, attempted to perfect an appeal from a judgment
entered by the 275th District Court of Hidalgo County, Texas, in cause number C-0110-
18-E. Judgment in this cause was signed on September 10, 2018. No motion for new
trial was filed. We dismiss the appeal for want of jurisdiction.
Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the judgment is signed, unless a motion for
new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial
has been filed, notice of appeal shall be filed within ninety days after the judgment is
signed. Id. R. 26.1(a).
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, 617–18, 619 (Tex. 1997) (construing the
predecessor to Rule 26). However, appellant must provide a reasonable explanation for
the late filing: it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins,
140 S.W.3d 462, 462 (Tex. App.—Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565,
567 (Tex. App.—Waco 2002, no pet.).
Pursuant to Texas Rule of Appellate Procedure 26.1, appellant’s notice of appeal
was due on October 10, 2018, but was not filed until October 11, 2018. On October 12,
2018, the Clerk of this Court notified appellant of this defect so that steps could be taken
to correct the defect, if it could be done. Appellant was advised that, if the defect was
not corrected within ten days from the date of receipt of this Court’s letter, the appeal
would be dismissed. To date, no response has been received from appellant providing
a reasonable explanation for the late filing of the notice of appeal.
The Court, having examined and fully considered the documents on file,
appellant’s failure to timely perfect his appeal, and appellant’s failure to respond to this
2
Court’s notice, is of the opinion that the appeal should be dismissed for want of
jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF
JURISDICTION. See TEX. R. APP. P. 42.3(a)(c).
LETICIA HINOJOSA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
6th day of December, 2018.
3