315 Villages of Kings Lake, LTD., NEHC Properties, Inc., Arete Real Estate and Development Company, Joe Fogarty and Muduganti J. Reddy v. Prosperity Bank

• Court: Court of Appeals of Texas
• Decided: January 29, 2013
• Docket: 14-12-01144-CV
• Status: Published

Opinion

Order filed January 29, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-01144-CV ____________

315 VILLAGES OF KINGS LAKE, LTD., NEHC PROPERTIES, INC., ARETE REAL ESTATE AND DEVELOPMENT COMPANY, JOE FOGARTY AND MUDUGANTI J. REDDY, Appellants

V.

PROSPERITY BANK, Appellee

On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2011-57012

ORDER

This is an appeal from a summary judgment signed August 31, 2012. Appellants filed a timely motion for new trial. The notice of appeal was due November 29, 2012. See Tex. R. App. P. 26.1(a). Appellants filed their notice of appeal on December 14, 2012, 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 fifteen days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). A motion for extension of time to file the notice of appeal has not been filed with this court, although appellee filed a response objecting to an extension of time. 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 Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.CHouston [14th Dist.] 1998, no pet.). Accordingly, we ORDER appellants to file a proper motion to extend time to file the notice of appeal in compliance with the Texas Rules of Appellate Procedure on or before February 11, 2013. See Tex. R. App. P. 26.3; 10.5(b). If appellants do not comply with this order, the court will consider dismissing the appeal. See Tex. R. App. P. 42.3.

PER CURIAM