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Via v. Woodrow

State of Texas in the Fourteenth Court of Appeals
Nov 14, 2017
NO. 14-17-00779-CV (Tex. App. Nov. 14, 2017)

Opinion

NO. 14-17-00779-CV

11-14-2017

DIERDRE VIA, Appellant v. LARRY WOODROW AND WARREN TREPTOW, Appellees


On Appeal from the 212th District Court Galveston County, Texas
Trial Court Cause No. 16-CV-1385

ORDER

Appellant's notice of appeal was filed fourteen days late. She did not file a motion to extend time to file her 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, on October 17, 2017, we ordered appellant to file a motion to extend time to file the notice of appeal.

Appellant filed a motion to extend time on October 26, 2017, but it fails to state the facts relied on to reasonably explain the need for an extension. See Tex. R. App. P. 10.5(b)(1)(C), (b)(2). Accordingly, we DENY the motion without prejudice to refiling.

If appellant does not file, by November 27, 2017, a motion that contains a reasonable explanation for the failure to timely file the notice of appeal, we will dismiss the appeal. Tex. R. App. P. 26.3; 10.5(b).

PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown. Jamison, J., would grant the motion.


Summaries of

Via v. Woodrow

State of Texas in the Fourteenth Court of Appeals
Nov 14, 2017
NO. 14-17-00779-CV (Tex. App. Nov. 14, 2017)
Case details for

Via v. Woodrow

Case Details

Full title:DIERDRE VIA, Appellant v. LARRY WOODROW AND WARREN TREPTOW, Appellees

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 14, 2017

Citations

NO. 14-17-00779-CV (Tex. App. Nov. 14, 2017)