Fourth Court of Appeals San Antonio, Texas December 18, 2020 No. 04-20-00590-CV NORTH CENTRAL BAPTIST HOSPITAL, Appellant v. Stacy CHAVEZ, Individually and As Next Friends of Minor Children Chavez, Appellee From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2020CV02938 Honorable Gloria Saldana, Judge Presiding

ORDER Appellant, North Central Baptist Hospital, seeks to appeal a final judgment signed July 28, 2020. Appellant timely filed a motion that extended the time for perfecting an appeal. See TEX. R. CIV. P. 329b(g); TEX. R. APP. P. 26.1(a). Thus, the notice of appeal was due October 26, 2020, or a motion for extension of time to file the notice of appeal was due fifteen days later on November 10, 2020. See TEX. R. APP. P. 26.1, 26.3. The record contains a notice of appeal file stamped November 30, 2020.

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, 615 (1997) (construing the predecessor to rule 26). However, “once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction.” Id. Appellant’s notice of appeal was not filed until twenty days after the deadline for filing a motion for extension of time.

We therefore order appellant file a response by December 28, 2020, establishing that the notice of appeal was timely filed or showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for lack of jurisdiction or pursuant to Rule 42.3(c). See TEX. R. APP. P. 42.3(a), (c).

All deadlines in this appeal are suspended until further order of the court. _________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of December, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court