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

Fourth Court of Appeals
San Antonio, Texas
February 13, 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
The trial court signed a final judgment on December 6, 2019. Therefore, the notice of
appeal was due to be filed on January 6, 2020. See TEX. R. APP. P. 4.1(a), 26.1. A motion for
extension of time to file the notice of appeal was due on January 20, 2020. See TEX. R. APP. P.
26.3. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by
Rule 26.3, she 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).
It is therefore ORDERED that appellant file, within fifteen days from the date of this
order, a response presenting a reasonable explanation for failing to file a notice of appeal in a
timely manner. If appellant fails to respond within the time provided, the appeal will be
dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further
order of this court.
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 13th day of February, 2020.
___________________________________
MICHAEL A. CRUZ,
Clerk of Court