Court of Appeals of Texas, First District, Houston
court case number: 974879-0101Z Trial court: 178th District
Court of Harris County
case involves an appeal from a final judgment, signed by the
trial court on June 6, 2016, in which the appellant,
Christopher Williams, was adjudicated a sexually violent
predator following a jury trial and he was civilly committed.
See Tex. Health & Safety Code Ann. §§
841.003, 841.081 (West Supp. 2016). Appellant timely filed a
motion for new trial, but mistakenly filed a notice of appeal
in the Fourteenth Court on September 9, 2016, which is deemed
filed in the trial court on that date. See Tex. R.
App. P. 25.1(a), 26.1(a)(1). After the district clerk
assigned this appeal to this Court on September 20, 2016, the
clerk's record was filed in this Court on that date.
the clerk's record is appellant's "Motion for
First Amended Original Notice of Appeal to Be Filed
Timely" in which counsel requests an extension of time
for his "First Amended Original Notice of Appeal, "
both filed on September 9, 2016, to be deemed timely filed as
of September 6, 2016. See Tex. R. App. P. 26.3.
Appellant's motion to extend the time to file his first
amended original notice of appeal is granted because the
notice was filed within the 15-day grace period and the
motion provides a reasonable explanation for the 3-day delay.
See Tex. R. App. P. 10.5(b), 26.1(b), 26.3;
Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
The Clerk of this Court is directed to indicate on the docket
sheet that appellant's motion for new trial was filed on
July 5, 2016, and to file appellant's extension motion in
this Court on September 9, 2016.
though appellant failed to respond timely to the Clerk's
December 1, 2016 late reporter's record payment notice,
his extension request was still pending. Accordingly,
appellant is ORDERED to pay, or make arrangements to pay, for
the reporter's record, and file evidence of payment,
within 20 days of this order. If appellant fails to comply
timely with this Order, this Court will ...