Opinion
14-21-00468-CV
11-16-2023
SCWYANA SMITH, Appellant v. ANKUS, L.L.C., Appellee
On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2018-52368
Panel Consists of Chief Justice Christopher and Justices Zimmerer, and Wilson.
ORDER
PER CURIAM
We issued an opinion and judgment in this appeal on August 31, 2023. The time for filing a motion for rehearing and/or motion for en banc reconsideration expired on September 15, 2023. Tex.R.App.P. 49.1 & 49.5. Appellant, however, filed a motion for en banc reconsideration on September 18, 2023, a date within 15 days of the due date for the motion for rehearing and/or motion for en banc reconsideration. 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 motion for en banc reconsideration. 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 motion for en banc reconsideration within ten (10) days of the date of this order. If appellant fails to do so, the motion for en banc reconsideration is subject to dismissal. See Tex. R. App. P. 42.3(a).