Opinion
No. 05-06-00084-CV
Opinion Filed March 28, 2006.
On Appeal from the 95th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-10233.
Dismiss.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
MEMORANDUM OPINION
The Court has before it appellants Chuck and Carolyn Quarles's January 20, 2006 motion for extension of time to file notice of appeal. By letter dated January 30, 2006, we recognized that although appellants had timely moved for an extension of time under Texas Rule of Appellate Procedure 26.3, they had not provided a reasonable explanation for seeking the extension, see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), also required under rule 26.3(b). We directed appellants to file an amended notice of appeal complying with rule 26.3 by February 9, 2006. Appellants filed a February 6, 2006 notice of appeal but did not provide any explanation for seeking the extension of time. See Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 669 (Tex. 1989) (defining reasonable explanation to mean "`any plausible statement of circumstance indicating that failure to file within the [required] period was not deliberate or intentional, but was the result of inadvertence, mistake, or mischance'") (citation omitted).
Because appellants have failed to provide any explanation for seeking an extension of time to file their notice of appeal, we do not have jurisdiction over this appeal. Tex.R.App.P. 26.3; see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (remanding cause for determination of whether belatedly filed motion for extension provided a reasonable explanation for the late filing). Accordingly, we DENY appellants' motion for extension of time to file notice of appeal. We DISMISS the appeal for want of jurisdication. Tex.R.App.P. 42.3(a).