Don McCaffety v. Joyce McCaffety

• Court: Court of Appeals of Texas
• Decided: September 25, 2014
• Docket: 14-14-00756-CV
• Status: Published

Opinion

Order filed September 25, 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00756-CV ____________

DON MCCAFFETY, Appellant

V.

JOYCE MCCAFFETY, ET AL, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2011-29862

ORDER

This is an appeal from a judgment signed June 17, 2014. The notice of appeal was due July 17, 2014. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on July 20, 2014, 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 fifteen 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