Joseph C. Kalathoor v. Mehboob Mohammed

• Court: Court of Appeals of Texas
• Decided: February 10, 2011
• Docket: 14-10-01164-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 10, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-01164-CV

JOSEPH C. KALATHOOR, Appellant

V.

MEHBOOB MOHAMMED, ET AL, Appellee

On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 941763

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed August 11, 2010.  Appellant filed a timely motion for new trial. The notice of appeal was due November 9, 2010. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on November 22, 2010, 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 present 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.). 

On January 7, 2011, appellant was ordered to file a proper motion to extend time to file the notice of appeal within ten days.  See Tex. R. App. P. 26.3;10.5(b).  Appellant was notified that if he did not comply with the order, the appeal would be dismissed.  See Tex. R. App. P. 42.3.  No response has been filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Seymore, and McCally.