Leslie Wm. Adams & Associates v. Weldon S. Guest and Regenosys, Inc.

• Court: Court of Appeals of Texas
• Decided: June 6, 2013
• Docket: 14-13-00458-CV
• Status: Published

Opinion

Order filed June 6, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00458-CV ____________

LESLIE WM. ADAMS & ASSOCIATES, Appellant

V.

WELDON S. GUEST AND REGENOSYS, INC., Appellees

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 997218

ORDER

This is an appeal from a judgment signed April 22, 2013. The notice of appeal was due May 22, 2013. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on May 23, 2013, 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 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 on or before 12 days after 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