Opinion
14-24-00356-CV
06-18-2024
MICHAEL EVANGELISTA-YSASAGA, Appellant v. LEWIS CHARLES GRAVES, Appellee
On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2021-71584
Panel Consists of Spain, Poissant, and Wilson, Justices.
ORDER
PER CURIAM
This is an appeal from a judgment signed February 8, 2024. As appellant timely filed a motion for new trial, the notice of appeal was due May 8, 2024. See Tex. R. App. P. 26.1(a). Appellant, however, filed the notice of appeal on May 16, 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 with this court a motion to extend time to file the notice of appeal. See Tex. R. App. P. 26.3(b). 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 Ctr. Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.-Houston [14th Dist.] 1998, no pet.).
Accordingly, we order appellant to file with this court 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).