Darla Ruth Haigh, J.C. Haigh and /Or All Occupants of 5407 Raintree Drive, Missouri City Texas 77459-6215 v. Citibank N.A., as Trustee, in Trust for Registered Holders of WaMu Asset-Backed Certificates WaMu Series 2007-HE2 Trust, Its Successors and/or Assigns

• Court: Court of Appeals of Texas
• Decided: September 26, 2017
• Docket: 14-17-00683-CV
• Status: Published

Opinion

Order filed September 26, 2017

In The

Fourteenth Court of Appeals ____________

NO. 14-17-00683-CV ____________

DARLA RUTH HAIGH, J.C. HAIGH AND /OR ALL OCCUPANTS OF 5407 RAINTREE DRIVE, MISSOURI CITY TEXAS 77459-6215, Appellants

V.

CITIBANK N.A., AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF WAMU ASSET-BACKED CERTIFICATES WAMU SERIES 2007-HE2 TRUST, ITS SUCCESSORS AND/OR ASSIGNS, Appellee

On Appeal from the County Court at Law No. 5 Fort Bend County, Texas Trial Court Cause No. 17-CCV-059787

ORDER

This is an appeal from a judgment signed July 13, 2017. The notice of appeal was due August 14, 2017. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on August 17, 2017, 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 Center 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 by October 6, 2017. See Tex. R. App. P. 26.3;10.5(b). If appellants do not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM