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Advanced Dall. Hosp. & Clinics v. Zenith Physician Staffing, PLLC

Court of Appeals of Texas, Fourteenth District
Jun 27, 2024
No. 14-24-00394-CV (Tex. App. Jun. 27, 2024)

Opinion

14-24-00394-CV

06-27-2024

ADVANCED DALLAS HOSPITAL & CLINICS, LLC, Appellant v. ZENITH PHYSICIAN STAFFING, PLLC, Appellee


On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2022-50028

Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.

ORDER

PER CURIAM

This is an appeal from a judgment signed February 22, 2024. Appellant timely filed a post judgment motion. The notice of appeal was due May 22, 2024. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on May 30, 2024, 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).


Summaries of

Advanced Dall. Hosp. & Clinics v. Zenith Physician Staffing, PLLC

Court of Appeals of Texas, Fourteenth District
Jun 27, 2024
No. 14-24-00394-CV (Tex. App. Jun. 27, 2024)
Case details for

Advanced Dall. Hosp. & Clinics v. Zenith Physician Staffing, PLLC

Case Details

Full title:ADVANCED DALLAS HOSPITAL & CLINICS, LLC, Appellant v. ZENITH PHYSICIAN…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Jun 27, 2024

Citations

No. 14-24-00394-CV (Tex. App. Jun. 27, 2024)