Laszlo Elias v. Teresa Espinosa ( 2019 )

NUMBER 13-19-00563-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
___________________________________________________________
LASZLO ELIAS, Appellant,
v.
TERESA ESPINOSA, Appellee,
____________________________________________________________
On appeal from the 2nd 25th District Court
of Gonzales County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Hinojosa and Tijerina
Memorandum Opinion by Justice Hinojosa
Appellant, Laszlo Elias, attempted to perfect an appeal from a judgment entered
by the 2nd 25th District Court of Gonzales County, Texas, in cause number 25,927.
Judgment in this cause was signed on August 29, 2019. Currently pending before the
Court is appellant’s motion for extension of time to file notice of appeal. More than ten
days have passed since this motion was filed and appellee has not filed a response. See
TEX. R. APP. P. 10.3(a). 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. TEX. R. APP. P. 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 (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 September 30, 2019 1, but was not filed until October 21, 2019. Appellant’s
motion for leave to file notice of appeal states appellant proceeded pro se and has limited
knowledge of the procedural rules, appellant’s work schedule prevented him from being
at home the thirty days following the judgment, and English is appellant’s second
language. Appellant is requesting that the Court grant the extension to allow appellant’s
appeal to proceed. Although appellant has responded with an explanation regarding his
1Because the thirtieth day fell on a Saturday, appellants had until the following Monday, August
30, 2019 to file the notice of appeal. See TEX. R. APP. P. 4.1.
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late filing of the notice of appeal, appellant’s notice of appeal was filed beyond the fifteen-
day grace period provided by Rule 26.3.
The Court, having examined and fully considered the documents on file and
appellant’s failure to timely perfect his appeal, is of the opinion that the appeal should be
dismissed for want of jurisdiction. Appellant’s motion for extension of time to file notice
of appeal is hereby DENIED. Accordingly, the appeal is hereby DISMISSED FOR
WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).
LETICIA HINOJOSA
Justice
Delivered and filed the
26th day of November, 2019.
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