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Salvador Oil, LLC. and Dartex Energy Corporation v. Riotex Swabbing, Inc.
Citation: Not availableDocket: 02-18-00282-CV
Court: Court of Appeals of Texas; October 11, 2018; Texas; State Appellate Court
Original Court Document: View Document
Appellants Salvador Oil, LLC and Dartex Energy Corporation filed a late notice of appeal regarding a judgment from the trial court dated July 30, 2018, with the notice submitted on September 4, 2018—beyond the August 29, 2018 deadline. They sought an extension to file the notice, citing instructions from the appellants received at the deadline, but provided no reasonable explanation for the delay. Under Texas Rules of Appellate Procedure, a reasonable explanation must indicate the failure to file was due to inadvertence, mistake, or mischance, rather than a deliberate decision to delay. The court noted that the appellants' explanation did not reflect a misunderstanding of deadlines or rules, nor did it indicate any miscommunication between counsel and clients. The court emphasized that simply choosing to delay filing until after the resolution of a motion for new trial does not justify a late filing. Given the lack of a plausible explanation for the timing of the appeal notice, the court dismissed the appeal for lack of jurisdiction, as the appellants had failed to demonstrate that their filing was anything other than a deliberate choice to delay. Thus, the appeal was dismissed under Texas Rules of Appellate Procedure sections 42.3(a) and 43.2(f).