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Capelo v. Lilliman

State of Texas in the Fourteenth Court of Appeals
Mar 9, 2021
NO. 14-20-00804-CV (Tex. App. Mar. 9, 2021)

Opinion

NO. 14-20-00804-CV

03-09-2021

JENNIFER GWYNNE CAPELO, AS ADMINSTRATOR OF THE ESTATE OF DECEDENT JUNE YVONNE RIVERA, Appellant v. GALE LILLIMAN D/B/A GULF COAST BAIL BONDS, Appellee


On Appeal from the Probate Court Galveston County, Texas
Trial Court Cause No. PR-0077921-A

ORDER

This is an appeal from a judgment signed August 21, 2020. Appellant timely filed a post judgment motion. The notice of appeal was due November 19, 2020. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on November 24, 2020, 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 on or before 10 days after the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM Panel Consists of Justices Jewell, Bourliot, and Hassan.


Summaries of

Capelo v. Lilliman

State of Texas in the Fourteenth Court of Appeals
Mar 9, 2021
NO. 14-20-00804-CV (Tex. App. Mar. 9, 2021)
Case details for

Capelo v. Lilliman

Case Details

Full title:JENNIFER GWYNNE CAPELO, AS ADMINSTRATOR OF THE ESTATE OF DECEDENT JUNE…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Mar 9, 2021

Citations

NO. 14-20-00804-CV (Tex. App. Mar. 9, 2021)