KIPP, Inc., St. Luke's United Methodist Church of Houston, Legacy Community Health Services, YMCA of Greater Houston's Julius William "Bill" Boyar, III, Boyar & Miller, P.C. D/B/A Boyar Miller, and Kimberly Sterling Associates, Inc. v. Grant Me the Wisdom Foundation, Inc., Individually and in the Right of Connect @ 6800 Bellaire, Inc.

• Court: Court of Appeals of Texas
• Decided: November 17, 2020
• Docket: 14-20-00727-CV
• Status: Published

Opinion

Order filed November 17, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-20-00727-CV ____________

KIPP, INC., ST. LUKE'S UNITED METHODIST CHURCH OF HOUSTON, LEGACY COMMUNITY HEALTH SERVICES, YMCA OF GREATER HOUSTON'S JULIUS WILLIAM "BILL" BOYAR, III, BOYAR & MILLER, P.C. D/B/A BOYAR MILLER, AND KIMBERLY STERLING ASSOCIATES, INC., ET AL, Appellants

V.

GRANT ME THE WISDOM FOUNDATION, INC., INDIVIDUALLY AND IN THE RIGHT OF CONNECT @ 6800 BELLAIRE, INC., Appellees

On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2017-62715

ORDER

This is an accelerated appeal from a judgment signed October 2, 2020. The notice of appeal was due October 22, 2020. See Tex. R. App. P. 26.1. Appellants, however, filed the notice of appeal on October 23, 2020, 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). Appellants did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellants are 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 appellants to file a proper motion to extend time to file the notice of appeal on or before 10 days after the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellants do not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jewell and Poissant.