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One Thousand Six Hundred Four Dollars & Nine Cents v. State

State of Texas in the Fourteenth Court of Appeals
Feb 8, 2018
NO. 14-17-00810-CV (Tex. App. Feb. 8, 2018)

Opinion

NO. 14-17-00810-CV

02-08-2018

ONE THOUSAND SIX HUNDRED FOUR DOLLARS & NINE CENTS ($1,604.09), Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 506th Judicial District Court Waller County, Texas
Trial Court Cause No. 11-06-20924

ORDER

This is an appeal from an order signed August 30, 2017. Appellant did not file a timely post-judgment motion extending appellate timetables. The notice of appeal was due September 29, 2017. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on October 12, 2017, 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 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 February 23, 2018. 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


Summaries of

One Thousand Six Hundred Four Dollars & Nine Cents v. State

State of Texas in the Fourteenth Court of Appeals
Feb 8, 2018
NO. 14-17-00810-CV (Tex. App. Feb. 8, 2018)
Case details for

One Thousand Six Hundred Four Dollars & Nine Cents v. State

Case Details

Full title:ONE THOUSAND SIX HUNDRED FOUR DOLLARS & NINE CENTS ($1,604.09), Appellant…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 8, 2018

Citations

NO. 14-17-00810-CV (Tex. App. Feb. 8, 2018)