Wright W Gore Junior v. Pacific Western Equipment Finance

• Court: Court of Appeals of Texas
• Decided: June 26, 2018
• Docket: 14-18-00253-CV
• Status: Published

Opinion

Order filed June 26, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00253-CV ____________

WRIGHT W. GORE JR., Appellant

V.

PACIFIC WESTERN EQUIPMENT FINANCE, ET AL, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 93938-CV

ORDER This is an appeal from a judgment signed March 5, 2018. The notice of appeal was due April 4, 2018. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on April 5, 2018, 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 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