Gilchrist Community Association v. County of Galveston, Texas

• Court: Court of Appeals of Texas
• Decided: December 19, 2019
• Docket: 14-19-00774-CV
• Status: Published

Opinion

Order filed December 19, 2019

In The

Fourteenth Court of Appeals ____________

NO. 14-19-00774-CV ____________

GILCHRIST COMMUNITY ASSOCIATION, Appellant

V.

COUNTY OF GALVESTON, TEXAS, Appellee

On Appeal from the County Court at Law No 2 Galveston County, Texas Trial Court Cause No. CV-0076026

ORDER

This is an appeal from a judgment signed July 2, 2019. Appellant filed a timely post-judgment motion extending appellate timetables. The notice of appeal was due September 30, 2019. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on October 4, 2019, 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 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 Zimmerer, Spain, and Hassan.