Walter Ray Simpson, Jr. v. Auto Injury Solutions, Inc.

Fourth Court of Appeals San Antonio, Texas August 15, 2016 No. 04-16-00415-CV Walter Ray SIMPSON, Jr., Appellant v. AUTO INJURY SOLUTIONS, INC., Appellee From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-03713 Honorable Michael E. Mery, Judge Presiding ORDER On May 26, 2016, the trial court signed an order granting appellee Auto Injury Solutions, Inc.’s motion to dismiss under Rule 91a. See TEX. R. CIV. P. 91A (“Dismissal of Baseless Causes of Action”); In re Nationwide Ins. Co. of Am., No. 15-0328, 2016 WL 3537206, at *3 (Tex. June 24, 2016). Appellant’s notice of appeal was due on June 27, 2016, and a motion for extension of time to file a notice of appeal was due on July 11, 2016. See TEX. R. APP. P. 26.1, 26.3. On July 5, 2016, after the deadline to file the notice of appeal, Appellant filed a notice of appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].” (emphasis added)). We ORDER Appellant to SHOW CAUSE in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b) (requirements for a motion for extension of time); id. R. 42.3(a) (dismissal for want of jurisdiction). If Appellant fails to respond within the time provided, this appeal will be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order). All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of August, 2016. ___________________________________ Keith E. Hottle Clerk of Court