Opinion
NO. 14-19-00049-CV
03-19-2019
PARKWAY CHEVROLET, INC., Appellant v. PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY AND KRISTEN DUCHARME, Appellees
On Appeal from the 113th District Court Harris County, Texas
Trial Court Cause No. 2014-51182
ORDER
This is an appeal from a judgment signed October 8, 2018. Appellant timely filed a post judgment motion. The notice of appeal was due January 6, 2019. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on January 13, 2019, 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