LBX Lighting, Inc. v. Esmat F. Sidaros D/B/A the House of Chandeliers & Home Accents

• Court: Court of Appeals of Texas
• Decided: June 14, 2016
• Docket: 14-16-00419-CV
• Status: Published

Opinion

Order filed June 14, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00419-CV ____________

LBX LIGHTING, INC., Appellant

V.

ESMAT F. SIDAROS D/B/A THE HOUSE OF CHANDELIERS & HOME ACCENTS, Appellee

On Appeal from County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1030107

ORDER

This is an appeal from a judgment signed February 8, 2016. Appellant timely filed a post judgment motion. The notice of appeal was due May 9, 2016. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on May 19, 2016, 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). 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 by June 24, 2016. 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