John J. Preston and Monica S. Preston v. Michael A. Inglis and Allen Gregory Alper

• Court: Court of Appeals of Texas
• Decided: January 31, 2012
• Docket: 14-12-00024-CV
• Status: Published

Opinion

Order filed January 31, 2012.

In The

Fourteenth Court of Appeals _____________

NO. 14-12-00024-CV ______________

JOHN J. PRESTON AND MONICA S. PRESTON, Appellants

V.

MICHAEL A. INGLIS AND ALLEN GREGORY ALPER, Appellees

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 10CV2676

ORDER

This is an appeal from a judgment signed September 23, 2011. Appellant filed a timely motion for new trial. The notice of appeal was due December 22, 2011. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on January 6, 2012, a date within 15 days of the due date for the notice of appeal. A motion for extension of time is Anecessarily 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.CHouston [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;12.5(b). If appellant does not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Do Not Publish.