Alper Karaali v. Petroleum Wholesale, L.P.

• Court: Court of Appeals of Texas
• Decided: August 21, 2014
• Docket: 14-14-00583-CV
• Status: Published

Opinion

Order filed August 21, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00583-CV ____________

ALPER KARAALI, Appellant

V.

PETROLEUM WHOLESALE, L.P., Appellee

On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2011-44275

ORDER

This is an appeal from a judgment signed April 15, 2014. A timely motion for new trial was filed. The notice of appeal was due July 14, 2014. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on July 18, 2014, 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). 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 September 2, 2014. 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