Kennedy Giles v. Federal National Mortgage Association

• Court: Court of Appeals of Texas
• Decided: December 9, 2014
• Docket: 14-14-00931-CV
• Status: Published

Opinion

Order filed December 9, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00931-CV ____________

KENNEDY GILES, Appellant

V.

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee

On Appeal from the County Court at Law No. 2 Fort Bend County, Texas Trial Court Cause No. 14-CCV-053505

ORDER

This is an appeal from a judgment signed October 7, 2014. Appellant’s notice of appeal was not filed timely. The notice of appeal was due November 6, 2014. See Tex. R. App. P. 26.1. Appellant filed his notice of appeal on November 19, 2014, 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 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.— 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 December 19, 2014. 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