Opinion
14-22-00688-CV
02-15-2024
GEORGE SCHILTER, IN HIS CAPACITY AS THE INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRIN GVADIA, DECEASED, Appellants v. ZACHARY T. DIXON, Appellee
On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2020-79584
Panel Consists of Jewell, Bourliot, and Poissant Justices.
ORDER
PER CURIAM
On December 6, 2022, we granted the parties' joint motion to abate this appeal for mediation. On January 4, 2024, the mediator filed a report stating that the parties did not settle the appeal. Accordingly, we reinstate the appeal and order the reporter's record to be filed within 30 days from the date of this order.
Additionally, on November 3, 2022, we ordered appellant to file a motion to extend time to file his notice of appeal within 10 days. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.-Houston [14th Dist.] 1998, no pet.) (while an extension of time to file a notice of appeal within the 15-day grace period may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing). We subsequently abated the appeal. Appellant never filed a motion to extend time to file his notice of appeal. Accordingly, we order appellant to file a proper motion to extend time to file the notice of appeal within ten days of the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant fails to do so, the appeal is subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).