Opinion
14-23-00729-CV
11-14-2023
TU CAM HA DO, Appellant v. DUNG TIEN VU, Appellee
On Appeal from the 507th District Court Harris County, Texas Trial Court Cause No. 2022-18351
Panel Consists of Chief Justice Christopher, Justices Wise and Jewell.
ORDER
PER CURIAM
This is an appeal from a judgment signed June 23, 2023. Appellant timely filed a post judgment motion for new trial. The notice of appeal was due September 21, 2023. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on October 2, 2023, 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).