(Download) "Hone V. Hanafin" by Texas Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Hone V. Hanafin
- Author : Texas Supreme Court
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In this case, we consider whether Texas Rule of Appellate Procedure 26.3 requires an appellant to concede that its notice of appeal was untimely in order to satisfy the rule's "reasonable-explanation" requirement. *fn1 The court of appeals held that, because Petitioners did not concede that their appeal was untimely, they did not satisfy Rule 26.3's requirement and therefore were not entitled to an implied extension under Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). __ S.W.3d __. To satisfy Rule 26.3's requirements, however, an appellant need not concede untimeliness. And, under Verburgt, an appellant's good faith belief that its appeal was timely is, under the circumstances described below, a reasonable explanation. Because this issue is dispositive, we do not consider whether Petitioners' request for findings of fact and conclusions of law, or their failure to receive notice of the trial court's order until after the time for filing their notice of appeal had passed, extended the appellate timetable in this accelerated appeal. Accordingly, without hearing oral argument, we grant the petition for review, reverse the courts of appeals' judgment, and remand the case to that court for further proceedings. Tex. R. App. P. 59.1.