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Norma Garza v. San Antonio Water System

April 11, 2013

NORMA GARZA, APPELLANT
v.
SAN ANTONIO WATER SYSTEM, APPELLEE



From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-12912 Honorable Solomon Casseb, III, Judge Presiding

The opinion of the court was delivered by: Marialyn Barnard, Justice

ORDER

Originally, we determined the notice of appeal was due October 21, 2013; however, that day fell on a Sunday, making the notice of appeal due Monday, October 22, 2013, and any motion to extend time to file the notice of appeal due November 6, 2013. See TEX. R. APP. P. 26.1, 26.3; see also TEX. R. APP. P. 4.1(a). Appellant did not file a motion for extension of time to file the notice of appeal. However, 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 16.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (Tex. 1997). However, the appellant must offer a reasonable explanation for failing to file timely the notice of appeal. See id.; see also TEX. R. APP. P. 26.3, 10.5(b)(1)(C); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989).

We find appellant, who is pro se, has offered a reasonable explanation of time for failing to timely file her notice of appeal. Specifically, she was informed by the attorney who represented her at trial that her notice of appeal was due November 6, 2013, which is actually the last day for filing an extension of time to file the notice of appeal. See TEX. R. APP. P. 26.1, 26.3; see also TEX. R. APP. P. 4.1(a). Accordingly, we find the notice of appeal is timely.

The clerk's record has been filed and we have been advised there is no reporter's record. Accordingly, we ORDER appellant to file her appellant's brief on or before May 10, 2013.

We order the clerk of this court to serve a copy of this order on appellant and all counsel.

FILE COPY

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of April, 2013.

Keith E. Hottle, Clerk of Court

20130411

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