Sloan v. Passman

GUITTARD, Justice.

I do not agree that new rule 21c of the Texas Rules of Civil Procedure requires a showing of “reasonable diligence” for extension of the time for filing the record on appeal. The rule requires rather a “reasonable explanation” for failure to file it within the time prescribed. In my view, “reasonable explanation” permits a showing that such failure resulted from inadvertence, mistake, or mischance. This interpretation would tend to avoid the harsh result of loss of the right to appeal because of an error of appellant’s counsel or his secretary.

Decisions under old rule 386,…