in the Interest of N.H.N., a Child

Opinion

Order filed October 17, 2017

In The

Fourteenth Court of Appeals

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NO. 14-17-00725-CV

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IN THE INTEREST OF N.H.N., A CHILD

On Appeal from the 246th District Court Harris County, Texas Trial Court Cause No. 2014-07634

ORDER

This is an appeal from a judgment signed June 1, 2017. Appellant L.H.N.

timely filed a post judgment motion. The notice of appeal was due August 30, 2017. See Tex. R. App. P. 26.1. L.H.N., however, filed his notice of appeal on September 11, 2017, 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). L.H.N. did not file a motion to extend time to file the notice of appeal. While an extension may be implied, L.H.N. 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 L.H.N. to file a proper motion to extend time to file the notice of appeal by October 27, 2017. See Tex. R. App. P. 26.3; 10.5(b). If L.H.N. does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM