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Aleksander Borisov v. Kerry Lea Keels, Chief Clerk, Harris County Justice Court Precinct 5, Place 1

Citation: Not availableDocket: 01-15-00522-CV

Court: Court of Appeals of Texas; November 18, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Notice has been issued regarding the appeal case of Aleksander Borisov v. Clerk of Small Claim Court, identified by appellate case number 01-15-00522-CV and trial court case number 1041858. The Court's records suggest that the notice of appeal may not have been filed within the required timeframe as per Texas Rule of Appellate Procedure 26.1, which mandates that it be submitted within thirty days following the signing of the judgment. A motion for an extension of time may be implied if the notice is filed within an additional 15-day grace period under Rule 26.3. However, the appellant must provide a reasonable explanation for the delay. The Court has instructed that a written response explaining the untimely filing must be submitted within 10 days from the date of this notice, or the appeal may be dismissed per Rule 42.3(a) and (c). The notice is signed by Christopher A. Prince, Clerk of the Court, dated November 19, 2015.

Legal Issues Addressed

Consequences of Untimely Filing

Application: Failure to file a timely notice of appeal or provide a satisfactory explanation for the delay may result in dismissal of the appeal under Rule 42.3(a) and (c).

Reasoning: The Court has instructed that a written response explaining the untimely filing must be submitted within 10 days from the date of this notice, or the appeal may be dismissed per Rule 42.3(a) and (c).

Extension of Time for Filing Notice of Appeal

Application: A motion for an extension of time may be implied if the notice of appeal is filed within an additional 15-day grace period under Rule 26.3, provided a reasonable explanation for the delay is submitted.

Reasoning: A motion for an extension of time may be implied if the notice is filed within an additional 15-day grace period under Rule 26.3. However, the appellant must provide a reasonable explanation for the delay.

Timeliness of Notice of Appeal

Application: The appellant is required to file a notice of appeal within thirty days following the signing of the judgment to comply with Texas Rule of Appellate Procedure 26.1.

Reasoning: The Court's records suggest that the notice of appeal may not have been filed within the required timeframe as per Texas Rule of Appellate Procedure 26.1, which mandates that it be submitted within thirty days following the signing of the judgment.