Opinion
14-24-00678-CV
12-05-2024
T & T CONSTRUCTION AND DEVELOPMENT, Appellant v. KIRSSTIEN DELOSSANTOS, GO REAL ESTATE, LLC AND DIEGO ORLANDO HUERTA, Appellees
On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 23-DCV-302256
Panel Consists of Justices Zimmerer, Spain, and Hassan.
ORDER
PER CURIAM
This is an appeal from a judgment signed August 12, 2024. The notice of appeal was due September 11, 2024. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on September 16, 2024, 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 within ten (10) days of the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant fails to do so, the appeal is subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).