One Thousand Six Hundred Four Dollars & Nine Cents ($1,604.09) in U.S. Currency v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2014
• Docket: 14-14-00904-CV
• Status: Published

Opinion

Order filed December 4, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00904-CV ____________

IN RE ONE THOUSAND SIX HUNDRED FOUR DOLLARS & NINE CENTS ($1,604.09) IN U.S. CURRENCY

QUINCY DESHAN BUTLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 506th Judicial District Court Waller County, Texas Trial Court Cause No. 11-06-20924

ORDER

This is an appeal from a summary judgment signed July 28, 2014. The clerk’s record was filed December 2, 2014. The record reflects that appellant filed a timely motion for new trial on August 19, 2014. The notice of appeal was due October 27, 2014. See Tex. R. App. P. 26.1. Appellant’s notice of appeal was not filed until November 7, 2014, and the certificate of service reflects that it was mailed on October 31, 2014. The notice of appeal was filed within 15 days of the due date. 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 22, 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