Opinion
NO. 14-15-00915-CV
12-15-2015
DAVID PIWONKA IN HIS OFFICIAL CAPACITY AS TAX ASSESSOR-COLLECTOR FOR CYPRESS-FAIRBANKS ISD AND CYPRESS-FAIRBANKS INDEPENDENT SCHOOL DISTRICT, Appellant v. SPX CORPORATION, DOING BUSINESS AS SPX FLOW TECHNOLOGY, Appellee
On Appeal from the 80th District Court Harris County, Texas
Trial Court Cause No. 2015-08078
ORDER
This is an appeal from a judgment signed October 1, 2015. The notice of appeal was due October 21, 2015. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on October 22, 2015, 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