dissenting.
I respectfully dissent from the Court’s decision to deny appellant’s motion to ex*565tend time to file the notice of appeal and to grant appellee’s motion to dismiss.
In Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997), the supreme court reiterated the principles applicable to the proper interpretation of the Texas Rules of Appellate Procedure where the viability of an appeal is in question. The court specifically stated that appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the rules would preserve the appeal. Id. (emphasis added). The court then noted that the appellate rules disfavor disposing of an appeal based upon harmless procedural defects. Id. Finally, appellate courts are instructed to construe the rules of appellate procedure liberally and not impose requirements triggering a loss of the right of appeal unless absolutely necessary to effect the purposes of a rule. Id. at 616-17; see also Jones v. City of Houston, 976 S.W.2d 676 (Tex.1998).
As noted by the majority, a “reasonable explanation” for needing an extension of time in which to perfect an appeal is any plausible statement of circumstances indicating the failure to timely file was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance. Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670. Garcia emphasized that the proper focus in determining whether an explanation is reasonable is whether a deliberate or intentional failure to comply with the appellate rules has occurred, and that any conduct short of deliberate or intentional noncompliance qualifies as a reasonable explanation. Id.; see also Meshwert v. Meshwert, 549 S.W.2d 383, 384 (Tex.1977) (emphasis added).
In his motion to extend time to file the notice of appeal, appellant explains he was without funds to hire an attorney to represent him on appeal. He specifically states he was unable to obtain another attorney until, after further conversation (and perhaps entreaties), his trial counsel agreed to represent him on appeal free of charge except for out-of-pocket expenses and court costs. This explanation shows, at best, appellant was negligent in failing to take advantage of the courses of conduct suggested by the majority — assuming, as a layman, appellant was aware of these options. This does not evidence a deliberate or intentional disregard of the rules for perfecting appeals as required by Garcia.
The supreme court has held that negligence of counsel is a “reasonable explanation” for failure to timely file a notice of appeal. Garcia, 774 S.W.2d at 670. I fail to see how the explanation that counsel was negligent is any more reasonable, as that phrase is defined in Garcia, than an appellant’s claim that he was unable to hire appellate counsel within the relevant time period because he lacked the necessary funds. Appellant’s success in ultimately convincing trial counsel to continue his representation establishes appellant’s desire and diligence in pursuing his appeal, and demonstrates that his actions in failing to timely file the notice of appeal were not intentional or deliberate. At worst, it can be said appellant was negligent in not knowing or not taking advantage of the alternate suggestions recommended by the majority.
Once appellant offered an explanation which indicated he did not show an intentional disregard for the rules relevant to timely perfection of an appeal, he met the requirement of rule 10.5(b)(1)(C) as interpreted by Garcia and Meshwert. The supreme court has provided firm guidance on this matter: appellate courts should not dismiss an appeal for a procedural defect if any arguable interpretation of the rules would preserve the appeal. Verburgt, 959 S.W.2d at 616. It is more than arguable *566that an inability to hire appellate counsel because of insufficient financial resources is a reasonable explanation for failing to timely perfect an appeal. I would find it difficult indeed to hold that poverty is an intentional or deliberate act. Finally, ap-pellee has not claimed harm from the extra time it took for appellant to file his notice.
The majority cites no case in which a court has held that the explanation of insufficient funds to timely hire appellate counsel is not reasonable. The only published case which I have found that addresses this specific issue is Smith v. Houston Lighting & Power Co., 7 S.W.3d 287 (Tex.App.-Houston [1st Dist.] 1999, no pet.). There, the appellant explained he was represented on a contingency basis at trial and could not afford to hire an appellate attorney. Id. at 289. It was not until the day the notice of appeal was due that appellant was able to secure appellate representation. Id. The attorney then filed the notice of appeal late, but within the fifteen day grace period. Id. After citing Garcia, the court of appeals held the explanation provided by the appellant was sufficient to reasonably explain the untimely notice of appeal. Id.
The decision by the First Court of Appeals, though lacking in-depth analysis, is more consistent with the guidance provided by the supreme court in Verburgt than the decision of the majority in this case. Accordingly, I find it more persuasive than the position taken by the majority in this case.1
As we are to dispose of appeals on the merits and not on harmless procedural defects, unless disposition on the basis of the procedural defect is absolutely necessary to effect the purposes of a rule, I respectfully dissent. The majority’s holding is unnecessarily punitive under the circumstances of this case and deprives appellant of his right to pursue his appeal on the merits, a holding that is unnecessary to effect the purposes of any appellate rule. I would grant the motion to extend time to file the notice of appeal and deny the motion to dismiss.
. It also bears mentioning that after searching both published and unpublished opinions, I have found only two instances in which this Court has refused to grant an extension of time to file a notice of appeal. See Mukwange v. Metro Transit Authority, 2000 WL 1356527, *1 (Tex.App.-Houston [14th Dist.] September 21, 2000, no pet.) (not designated for publication); Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex.App.Houston [14th Dist.] 1998, no pet.). In each of those cases, the appellant failed to provide any explanation for the failure to timely file the notice of appeal. Id. (emphasis added).