Opinion
14-22-00221-CV
04-21-2022
LUIS DE JESUS RODRIGUEZ AND MARIA RODRIGUEZ, Appellants v. DAVID MARTINEZ TOVAR, Appellee
On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2020-63188
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM.
This is an appeal from a judgment signed December 20, 2021. After a motion to vacate or set aside the judgment was timely filed January 3, 2022, the notice of appeal was due March 21, 2022. See Tex. R. App. P. 4.1(a), 26.1(a)(2). Appellants, however, filed their respective notices of appeal on March 25, 2022, a date within 15 days of the due date for the notice of appeal.
A motion for extension of time to file a notice of appeal 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). Appellants did not file a motion to extend time to file their respective notices 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 Ctr. 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 their respective notices of appeal on or before 10 days after the date of this order. See Tex. R. App. P. 26.3; 10.5(b). If appellants do not comply with this order, the court will consider dismissal of the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.