Richard Lee Helms and Clytel Renee Helms and All Occupants v. US Bank National Association

• Court: Court of Appeals of Texas
• Decided: June 4, 2015
• Docket: 14-15-00451-CV
• Status: Published

Opinion

Order filed June 4, 2015

In The

Fourteenth Court of Appeals ____________

NO. 14-15-00451-CV ____________

RICHARD LEE HELMS AND CLYTEL RENEE HELMS AND ALL OCCUPANTS, Appellants

V.

US BANK NATIONAL ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1060471

ORDER

This is an appeal from a judgment signed April 13, 2015. The notice of appeal was due May 13, 2015. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on May 22, 2015, 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). 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.—Houston [14th Dist.] 1998, no pet.). Accordingly, we ORDER appellants to file a proper motion to extend time to file the notice of appeal on or before June 15, 2015. See Tex. R. App. P. 26.3;10.5(b). If appellants do not comply with this order, we will dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM