Walter Davidson and William Murry, Individually and D/B/A All All Worxs and Amtel Communications v. Tel West Network Services Corporation

• Court: Court of Appeals of Texas
• Decided: April 23, 2013
• Docket: 14-13-00089-CV
• Status: Published

Opinion

Order filed April 23, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00089-CV ____________

WALTER DAVIDSON AND WILLIAM MURRY, INDIVIDUALLY AND D/B/A ALL WORXS AND AMTEL COMMUNICATIONS, Appellants

V.

TEL WEST NETWORK SERVICES CORPORATION, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 2011-61790

ORDER

This is an appeal from a judgment signed October 29, 2012. . The notice of appeal was due January 28, 2013. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on January 31, 2013, 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 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