Opinion
14-22-00786-CV
11-26-2024
DALE CALCARONE, SR., Appellant v. DALE CALCARONE, JR., Appellee
On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 20-CV-0406
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM
We issued an opinion and judgment in this appeal on October 29, 2024. The time for filing a motion for rehearing and/or motion for en banc reconsideration expired on November 13, 2024. Tex.R.App.P. 49.1 & 49.5. Appellant, however, filed a motion for rehearing on November 14, 2024 and an amended motion for rehearing on November 21, 2024, a date within 15 days of the due date for the motion for rehearing and/or motion for en banc reconsideration. 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 motion for rehearing. 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 motion for rehearing within ten (10) days of the date of this order. If appellant fails to do so, the motion for rehearing is subject to dismissal. See Tex. R. App. P. 42.3(a).