West Gulf Marine, Ltd. v. Texas General Land Office and George P. Bush

Opinion

Order filed August 2, 2021.

In The

Fourteenth Court of Appeals

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NO. 14-19-00708-CV

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WEST GULF MARINE, LTD., Appellant

V.

TEXAS GENERAL LAND OFFICE AND GEORGE P. BUSH, Appellees

On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 18-CV-1681

ORDER

This is an appeal from an interlocutory order signed August 14, 2019. The notice of appeal was due September 3, 2019. See Tex. R. App. P. 26.1(b). Appellant, however, filed his notice of appeal on September 13, 2019, 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). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is 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

Panel Consists of Justices Spain, Hassan, and Poissant.