Hone v. Hanafin

In this case, we consider whether Texas Rule of Appellate Procedure 26.3 requires an appellant to concede that its notice of appeal was untimely in order to satisfy the rule’s “reasonable-explanation” requirement. 1 The court of appeals held that, because Petitioners did not concede that their appeal was untimely, they did not satisfy Rule 26.3’s requirement and therefore were not entitled to an implied extension under Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997). 105 S.W.3d 15. To satisfy Rule 26.3’s requirements, however, an appellant need not concede untimeliness. And, under Verburgt, an…