Court of Civil Appeals of Texas, 2022

Donald Lempar v. Patrick Ballantyne, Cynthia Orr, Goldstein & Orr, PLLC

Donald Lempar v. Patrick Ballantyne, Cynthia Orr, Goldstein & Orr, PLLC
Court of Civil Appeals of Texas · Decided October 14, 2022

Donald Lempar v. Patrick Ballantyne, Cynthia Orr, Goldstein & Orr, PLLC

Opinion

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Fourth Court of Appeals San Antonio, Texas October 14, 2022 No. 04-22-00621-CV Donald LEMPAR, Appellant v. Patrick BALLANTYNE, Cynthia Orr, Goldstein & Orr, PLLC, Appellees From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2022CI05174 Honorable Angelica Jimenez, Judge Presiding

ORDER On October 11, 2022, we ordered appellant, Donald Lempar, to provide a reasonable explanation for filing a late notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant timely responded to our order, stating that the error was due to technical problems with the Texas electronic filing system. The explanation is reasonable. See Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (“[A]ny plausible statement of circumstances indicating that failure to file . . . was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance, [would] be accepted as a reasonable explanation.”); see also Dimotsis v. State Farm Lloyds, 966 S.W.2d 657, 657 (Tex. App.—San Antonio 1998, no pet.).

We, therefore, grant appellant’s motion for extension of time to file the notice of appeal.

Appellant’s brief is due on or before October 31, 2022.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of October, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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