Dominic Monariti v. Anthony Monariti and Caterina Torress Nee Monariti

• Court: Court of Appeals of Texas
• Decided: April 12, 2022
• Docket: 14-22-00196-CV
• Status: Published

Opinion

Order filed April 12, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00196-CV ____________

DOMINIC MONARITI, Appellant

V.

ANTHONY MONARITI AND CATERINA TORRESS NEE MONARITI, Appellees

On Appeal from Probate Court No 2 Harris County, Texas Trial Court Cause No. 486937

ORDER

This is an appeal from a judgment signed January 31, 2022. The notice of appeal was due March 2, 2022. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on March 14, 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 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 Wise, Poissant and Wilson.