Lucia Saldivar, Individually and as Representative of the Estate of Mark Anthony Saldivar v. Joshua F. White, Individually and D/B/A 88 Classic Records, and 88 Classic LLC

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FILE COPY Fourth Court of Appeals San Antonio, Texas July 21, 2021 No. 04-21-00241-CV Lucia SALDIVAR, Individually and as Representative of the Estate of Mark Anthony Saldivar, Appellant v. Joshua F. WHITE, Individually and d/b/a 88 Classic Records, and 88 Classic LLC, Appellees From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-11437 Honorable Cathleen M. Stryker, Judge Presiding ORDER On May 21, 2021, the trial court signed an order granting special appearances and dismissing plaintiff’s claims against defendants Joshua F. White, Individually and d/b/a 88 Classic Records, and 88 Classic LLC. Appellant’s notice of appeal was due to be filed on June 10, 2021. See TEX. R. APP. P. 26.1(b). Appellant’s notice of appeal was filed on June 14, 2021. Appellant has not filed a motion for extension of time to file her notice of appeal. See TEX. R. APP. P. 26.3. 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 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C). On July 19, 2021, this court ordered appellant to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. On July 20, 2021, appellant did so. Appellant’s request for an extension is GRANTED. Appellant’s brief is due on August 4, 2021. _________________________________ Lori I. Valenzuela, Justice FILE COPY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of July, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court