Brazoria Civic Club v. Brazoria County Appraisal District

• Court: Court of Appeals of Texas
• Decided: August 23, 2022
• Docket: 14-22-00557-CV
• Status: Published

Opinion

Order filed August 23, 2022.

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00557-CV ____________

BRAZORIA CIVIC CLUB, Appellant

V.

BRAZORIA COUNTY APPRAISAL DISTRICT, Appellee

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 117254-CV

ORDER

This is an appeal from an interlocutory order granting a plea to the jurisdiction, signed June 28, 2022. The notice of appeal was due July 18, 2022. See Tex. R. App. P. 26.1(b). Appellant, however, filed the notice of appeal on July 28, 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. 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 Ctr. 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).

PER CURIAM

Panel Consists of Justices Spain, Poissant, and Wilson.