The opinion
Opinion issued January 15, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00937-CV
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ANTHONY MCGILL AND AP MCGILL ENTERPRISE, LLC, Appellant
V.
GJG PRODUCTIONS, INC., Appellee
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Case No. 2015-38653
MEMORANDUM OPINION
This is an appeal from a judgment signed September 6, 2017. Appellants,
Anthony McGill and AP McGill Enterprise, LLC, filed a motion for new trial;
therefore, appellants had 90 days from the date the judgment was signed to file
their notice of appeal. See TEX. R. APP. P. 26.1(a)(1). Appellants filed their notice
of appeal on December 8, 2017, three days after it was due. Appellants did not file
a motion for an extension of time.
Although this court construes notices of appeal filed within the fifteen days
following the deadline imposed by Rule 26.1(a)(1) as implied motions for an
extension of time, appealing parties are still required to provide a “reasonable
explanation” for their failure to timely file their notices of appeal. See Brown
Mech. Servs., Inc. v. Mountbatten Sur. Co., 377 S.W.3d 40, 42 (Tex. App.—
Houston [1st Dist.] 2012, no pet.). Appellants did not include a “reasonable
explanation” in their notice of appeal. Accordingly, on November 1, 2018, this
court sent appellants a notice informing them that their appeal may be dismissed
unless they filed within ten days a “reasonable explanation” for their untimely
notice of appeal. Appellants have not responded.
Conclusion
Because appellants have failed to file a reasonable explanation for their
untimely notice of appeal, despite being directed to do so, we dismiss this appeal
for want of jurisdiction. See TEX. R. APP. P. 25.1(b), 42.3(a), (c).
Richard Hightower
Justice
Panel consists of Justices Lloyd, Kelly, and Hightower.
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