Raj Kamar Vats v. Smrita Vats

• Court: Court of Appeals of Texas
• Decided: December 13, 2011
• Docket: 14-11-00935-CV
• Status: Published

Opinion

Order filed December 13, 2011.

In The

Fourteenth Court of Appeals _____________

NO. 14-11-00935-CV ______________

RAJ KAMAR VATS, Appellant

V.

SMRITA VATS, Appellee

On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No. 2007-22213

ORDER

This is an appeal from a judgment signed July 11, 2011. Appellant filed a timely motion for new trial. The notice of appeal was due October 10, 2011. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on October 21, 2011, a date within fifteen 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 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 10 days after the date of this order. 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