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Wooten v. Boeblingen

Court of Appeals of Texas, Fourteenth District
Nov 9, 2023
No. 14-23-00716-CV (Tex. App. Nov. 9, 2023)

Opinion

14-23-00716-CV

11-09-2023

PRESTON WOOTEN AND CHERYL WOOTEN, Appellants v. KREISSPARKASSE BOEBLINGEN, Appellees


On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2022-73883

Panel Consists of Justices Hassan, Poissant, and Wilson.

ORDER

PER CURIAM

This is an appeal from a final order granting an application to domesticate a foreign-country judgment, signed June 27, 2023. As a motion essentially requesting a new trial was timely filed, the notice of appeal was due September 25, 2023. See Tex. R. App. P. 26.1(a)(1). Appellants, however, filed the notice of appeal on September 26, 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). Appellants did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellants are still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Ctr. Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.-Houston [14th Dist.] 1998, no pet.).

Accordingly, we order appellants 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 appellants fail to do so, the appeal is subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).


Summaries of

Wooten v. Boeblingen

Court of Appeals of Texas, Fourteenth District
Nov 9, 2023
No. 14-23-00716-CV (Tex. App. Nov. 9, 2023)
Case details for

Wooten v. Boeblingen

Case Details

Full title:PRESTON WOOTEN AND CHERYL WOOTEN, Appellants v. KREISSPARKASSE BOEBLINGEN…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Nov 9, 2023

Citations

No. 14-23-00716-CV (Tex. App. Nov. 9, 2023)