Debra Gilder, Independent Administrator of the Estate of Johnny Allen Gilder, Sr. v. Cecil Boykin, Henry Chavez, Christina Chavez, ANdres Alvarado, Diana Francisco

Opinion

Order filed December 15, 2020.

In The

Fourteenth Court of Appeals ____________

NO. 14-20-00783-CV ____________

DEBRA GILDER, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JOHNNY ALLEN GILDER, SR., Appellant

V.

CECIL BOYKIN, HENRY CHAVEZ, CHRISTINA CHAVEZ, ANDRES ALVARADO, DIANA FRANCISCO, Appellees

On Appeal from the 506th Judicial District Court Waller County, Texas Trial Court Cause No. 18-10-25206

ORDER

This is an appeal from a judgment signed August 17, 2020. The notice of appeal was due November 16, 2020. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on November 17, 2020, 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 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 10 days after the date of this order. 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

Panel Consists of Justices Bourliot, Zimmerer, Spain.