the Texas Workforce Commission v. the Harris County Appraisal District

• Court: Court of Appeals of Texas
• Decided: September 25, 2014
• Docket: 14-14-00631-CV
• Status: Published

Opinion

Order filed September 25, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00631-CV ____________

THE TEXAS WORKFORCE COMMISSION, Appellant

V.

THE HARRIS COUNTY APPRAISAL DISTRICT, Appellee

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2012-34688

ORDER

This is an appeal from a judgment signed May 5, 2014. Appellant filed a timely motion for new trial. The notice of appeal was due August 4, 2014. See Tex. R. App. P. 26.1(a)(1). Appellant filed its notice of appeal one day late on August 5, 2014. 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 within 10 days of 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