George Schilter, in His Capacity as the Independent of the Estate of Kathrin Gvadia v. Zachary T. Dixon
This text of George Schilter, in His Capacity as the Independent of the Estate of Kathrin Gvadia v. Zachary T. Dixon (George Schilter, in His Capacity as the Independent of the Estate of Kathrin Gvadia v. Zachary T. Dixon) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order filed November 3, 2022
In The
Fourteenth Court of Appeals ____________
NO. 14-22-00688-CV ____________
GEORGE SCHILTER, IN HIS CAPACITY AS THE INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRIN GVADIA, DECEASED, Appellant
V.
ZACHARY T. DIXON, Appellee
On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2020-79584
ORDER
This is an appeal from a judgment signed June 13, 2022. Appellant timely filed a post-judgment motion. The notice of appeal was due September 12, 2022. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on September 23, 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 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 Wise, Jewell, and Poissant.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
George Schilter, in His Capacity as the Independent of the Estate of Kathrin Gvadia v. Zachary T. Dixon, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-schilter-in-his-capacity-as-the-independent-of-the-estate-of-texapp-2022.