Eric E. Deleon-Bolado v. Lorraine M. Deleon

Fourth Court of Appeals San Antonio, Texas September 23, 2020 No. 04-20-00433-CV Eric E. DELEON-BOLADO, Appellant v. Lorraine M. DELEON, Appellee From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-07162 Honorable Donna S. Rayes, Judge Presiding ORDER On July 31, 2020, the trial court signed a final, appealable order. A notice of appeal was due on August 31, 2020, and a motion for extension of time to file a notice of appeal was due on September 14, 2020. See TEX. R. APP. P. 26.1, 26.3. On September 4, 2020, after the deadline to file the notice of appeal, Appellant filed a notice of appeal without filing a motion for extension of time to file 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); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 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). _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of September, 2020. ___________________________________ Michael A. Cruz, Clerk of Court