Michael Dodd and 3D Global Solutions, Inc. v. Brian J. Savino

• Court: Court of Appeals of Texas
• Decided: July 26, 2012
• Docket: 14-12-00555-CV
• Status: Published

Opinion

Order filed July 26, 2012

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00555-CV ____________

MICHAEL DODD AND 3D GLOBAL SOLUTIONS, INC., Appellants

V.

BRIAN J. SAVINO, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2011-70013

ORDER

This is an appeal from a judgment signed February 29, 2012. Appellant filed a timely motion for new trial. The notice of appeal was therefore due May 29, 2012. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on June 7, 2012 , 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). 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.CHouston [14th Dist.] 1998, no pet.).

Accordingly, we ORDER appellants to file a proper motion to extend time to file the notice of appeal within ten days of the date of this order. See Tex. R. App. P. 26.3;12.5(b). If appellants do not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM