Shelli Flores v. Richard Tholstrup

• Court: Court of Appeals of Texas
• Decided: December 8, 2011
• Docket: 14-11-00921-CV
• Status: Published

Opinion

Order filed December 8, 2011.

In The

Fourteenth Court of Appeals _____________

NO. 14-11-00921-CV ______________

SHELLI FLORES D/B/A TEXSTAR ACCOUNTING SERVICE, Appellant

V.

RICHARD THOLSTRUP, Appellee

On Appeal from County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 919558

ORDER

This is an appeal from a judgment signed July 8, 2011. Appellant filed a timely motion for new trial. The notice of appeal was due October 6, 2011. See Tex. R. App. P. 26.1. Appellant, however, filed her notice of appeal on October 14, 2011, 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). 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.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 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