Kenneth S. Jones, Petitioner v. City of Houston

Summary

The Texas Supreme Court held that filing an affidavit within the fifteen‑day period for filing a motion to extend time constitutes an implied motion for extension under Rule 41(a)(2), and that the appellant is entitled to have his appeal prosecuted if he can reasonably explain the need for the extension. The Court reversed the appellate court's dismissal for lack of jurisdiction and remanded for a determination of the reasonableness of the appellant's explanation. Two dissenting justices criticized the implied‑filing rule adopted by the majority.