Opinion
NO. 14-17-00981-CV
01-09-2018
JERRY SANCHEZ, TIMOTHY WILLIAMS, AND JOSE ESTRADA, Appellants v. JAMES DANIEL BOONE, Appellee
On Appeal from the 412th District Court Brazoria County, Texas
Trial Court Cause No. 91722-1
ORDER
This is an appeal from an order signed November 28, 2017. The notice of appeal was due December 18, 2017. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on December 19, 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). Appellants did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellants are 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 appellants 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 appellants do not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.
PER CURIAM