Diana Martinez McGlown v. Wells Fargo Bank, N. A. ( 2020 )


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  •                             Fourth Court of Appeals
    San Antonio, Texas
    April 1, 2020
    No. 04-20-00025-CV
    Diana Martinez MCGLOWN,
    Appellant
    v.
    WELLS FARGO BANK, N. A.,
    Appellee
    From the County Court at Law No. 3, Bexar County, Texas
    Trial Court No. 2018CV05083
    Honorable Melissa Vara, Judge Presiding
    ORDER
    Because it appeared the notice of appeal was potentially untimely filed, we ordered
    appellant to show cause in writing by March 25, 2020, why this appeal should not be dismissed
    for lack of jurisdiction. Appellant responded with a reasonable explanation for failing to file the
    notice of appeal in a timely manner. See TEX. R. APP. P. 26.3, 10.5(b)(1)(C); Verburgt v.
    Dorner, 
    959 S.W.2d 615
    , 617 (Tex. 1997). Accordingly, we deem the notice of appeal timely
    filed and retain the appeal on the docket of this court.
    It is ORDERED that Appellant’s brief is due thirty days from the date of this order.
    Appellant’s brief must comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P.
    9.1, 9.4, 9.5, 9.9, 38.1. Among other requirements, appellant’s brief must contain appropriate
    citations to authorities and must contain proper record citations to any documents referenced in
    the brief. See
    id. R. 34.1,
    38.1(g), (i). This court will not consider any documents included in an
    appendix to appellant’s brief that are not contained in the clerk’s record. See Blank v. State, 
    172 S.W.3d 673
    , 675 n.1 (Tex. App.—San Antonio 2005, no pet.) (not designated for publication).
    _________________________________
    Rebeca C. Martinez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 1st day of April, 2020.
    ___________________________________
    MICHAEL A. CRUZ,
    Clerk of Court
    

Document Info

Docket Number: 04-20-00025-CV

Filed Date: 4/1/2020

Precedential Status: Precedential

Modified Date: 4/2/2020