Blue Sky Satellite Sales & Theater Services, LLC v. K18th, LLC

Opinion

Order filed December 6, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00774-CV ____________

BLUE SKY SATELLITE SALES & THEATER SERVICES, LLC, Appellant

V.

K18TH, LLC, Appellee

On Appeal from the 146th District Court Bell County, Texas Trial Court Cause No. 313 015-B

ORDER

This is an appeal from a judgment signed June 13, 2022. Appellant timely filed a post judgment motion. The notice of appeal was due September 12, 2022. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on September 21, 2022, 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 in this court. 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 within ten (10) days of the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant fails to do so, the appeal is subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Panel Consists of Justices Zimmerer, Spain, and Poissant.