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Kelly V. Wiggins

State of Texas in the Fourteenth Court of Appeals
Aug 1, 2017
NO. 14-17-00541-CV (Tex. App. Aug. 1, 2017)

Opinion

NO. 14-17-00541-CV

08-01-2017

AMELIA V. KELLY, Appellant v. MATTHEW D. WIGGINS, JR. AND D. L. HAMMAKER, Appellees


On Appeal from the 122nd District Court Galveston County, Texas
Trial Court Cause No. 13-CV-1392

ORDER

This is an appeal from a judgment signed May 15, 2017. The notice of appeal was due June 14, 2017. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on June 20, 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

Kelly V. Wiggins

State of Texas in the Fourteenth Court of Appeals
Aug 1, 2017
NO. 14-17-00541-CV (Tex. App. Aug. 1, 2017)
Case details for

Kelly V. Wiggins

Case Details

Full title:AMELIA V. KELLY, Appellant v. MATTHEW D. WIGGINS, JR. AND D. L. HAMMAKER…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 1, 2017

Citations

NO. 14-17-00541-CV (Tex. App. Aug. 1, 2017)