Opinion
14-23-00688-CV
11-21-2023
2017 YALE STREET DEVELOPMENT LLC., Appellant v. FIRST NATIONAL TITTLE INSURANCE COMPANY, Appellee
On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2021-19648
Panel Consists of Justices Bourliot, Zimmerer, and Spain.
ORDER
PER CURIAM.
This is an appeal from a judgment signed June 5, 2023. Appellant timely filed a post judgment motion. The notice of appeal was due September 5, 2023. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on September 18, 2023, 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 within ten (10) 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).