Hala Tashin Issa v. Helmi Bashar Abboushi

• Court: Court of Appeals of Texas
• Decided: October 6, 2022
• Docket: 14-22-00594-CV
• Status: Published

Opinion

Order filed October 6, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00594-CV ____________

HALA TASHIN ISSA, Appellant

V.

HELMI BASHAR ABBOUSHI, Appellee

On Appeal from the 344th District Court Chambers County, Texas Trial Court Cause No. CV-28984

ORDER

This is an appeal from a judgment signed May 3, 2022. Appellant timely filed a post judgment motion.1 The notice of appeal was due August 1, 2022. See Tex. R. App. P. 26.1(a). Appellant, however, filed the notice of appeal on August 12, 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 1 Appellant filed a premature request for findings of fact and conclusions law which served to extend the appellate deadline to 90 days. See Tex. R. App. P. 26.1(a)(4), 27.2; Tex. Fam. Code Ann. § 153.258. 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 Chief Justice Christopher and Justices Wise and Hassan.