Opinion
NO. 14-20-00488-CV
07-14-2020
CURTIS TYLER ON BEHALF OF MINOR (M.T.) AN INDIVIDUAL, Appellant v. INTERVALE CAPITAL, INC., A CORPORATION; CHARLES CHERRINGTON, AN INDIVIDUAL; AND DOES 1-50, INCLUSIVE, Appellees
On Appeal from the 269th District Court Harris County, Texas
Trial Court Cause No. 2019-85047
ORDER
This is an appeal from a judgment signed May 17, 2020. The notice of appeal was due June 16, 2020. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on June 30, 2020, 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 July 24 , 2020 . 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 Panel consists of Justices Christopher, Jewell, and Hassan.