Opinion
NO. 14-17-00579-CV
09-07-2017
LOU ANNE PERKINS, INDIVIDUALLY AND AS HEIR AT LAW OF WARNER W. PERKINS, DECEASED, Appellant v. ARTHUR WALKER, INDIVIDUALLY; GERALD BRIGHT, INDIVIDUALLY; DAVID CRAFT, INDIVIDUALLY; CHRISTOPHER HANLON, INDIVIDUALLY; AND WALKER BRIGHT, P.C., Appellees
On Appeal from the 53rd District Court Travis County, Texas
Trial Court Cause No. D-1-GN-14-004360
ORDER
This is an appeal from a judgment signed March 28, 2017. Appellant did file a timely post-judgment motion for new trial extending appellate timelines. See Tex. R. App. P. 26.1(a). The notice of appeal was due June 26, 2017. See id. Appellant, however, filed her notice of appeal on June 28, 2017, a date within 15 days of the due date for the notice of appeal. A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).
Accordingly, we ORDER appellant to file a proper motion to extend time to file the notice of appeal on or before 10 days after the date of this order. See Tex. R. App. P. 26.3; 10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.
PER CURIAM