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Harper v. Kirby Corp.

State of Texas in the Fourteenth Court of Appeals
Feb 4, 2014
NO. 14-14-00022-CV (Tex. App. Feb. 4, 2014)

Opinion

NO. 14-14-00022-CV

02-04-2014

CLAUDIA HARPER, INDIVIDUALLY AND AS INDEPENDENT CO- EXECUTRIX FOR THE ESTATE OF JAMES WESLEY CLERK, JR., AND ALICE CLARK, Appellants v. KIRBY CORPORATION AND KIRBY INLAND MARINE, L.P., Appellees


On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2012-09913A


ORDER

This is an appeal from a summary judgment signed October 28, 2013, and made appealable by order of severance signed December 6, 2013. The notice of appeal was due January 6, 2014. See Tex. R. App. P. 26.1 Appellants' notice of appeal was filed one day late on January 7, 2014. A motion for extension of time is "necessarily implied" when the perfecting instrument is filed within fifteen days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellants did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellants are 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 appellants 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

Harper v. Kirby Corp.

State of Texas in the Fourteenth Court of Appeals
Feb 4, 2014
NO. 14-14-00022-CV (Tex. App. Feb. 4, 2014)
Case details for

Harper v. Kirby Corp.

Case Details

Full title:CLAUDIA HARPER, INDIVIDUALLY AND AS INDEPENDENT CO- EXECUTRIX FOR THE…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 4, 2014

Citations

NO. 14-14-00022-CV (Tex. App. Feb. 4, 2014)