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Gomez v. City of Hous.

State of Texas in the Fourteenth Court of Appeals
Nov 14, 2017
NO. 14-17-00811-CV (Tex. App. Nov. 14, 2017)

Opinion

NO. 14-17-00811-CV

11-14-2017

MARIA CHRISTINA GOMEZ, Appellant v. THE CITY OF HOUSTON, Appellee


On Appeal from the 333rd District Court Harris County, Texas
Trial Court Cause No. 2013-59953

ORDER

This is an appeal from a judgment signed July 12, 2017. Appellant timely filed a post judgment motion. The notice of appeal was due October 10, 2017. See Tex. R. App. P. 26.1. Appellant, however, filed the 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 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


Summaries of

Gomez v. City of Hous.

State of Texas in the Fourteenth Court of Appeals
Nov 14, 2017
NO. 14-17-00811-CV (Tex. App. Nov. 14, 2017)
Case details for

Gomez v. City of Hous.

Case Details

Full title:MARIA CHRISTINA GOMEZ, Appellant v. THE CITY OF HOUSTON, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 14, 2017

Citations

NO. 14-17-00811-CV (Tex. App. Nov. 14, 2017)