Merry Homes, Inc. v. Luc Dao ( 2016 )


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  • Order filed October 6, 2016
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-16-00724-CV
    ____________
    MERRY HOMES, INC., Appellant
    V.
    LUC DAO, Appellee
    On Appeal from the 151st District Court
    Harris County, Texas
    Trial Court Cause No. 2009-25771
    ORDER
    This is an appeal from a judgment signed June 2, 2016. Appellant timely filed
    a post judgment motion. The notice of appeal was due August 31, 2016. See Tex. R.
    App. P. 26.1. Appellant, however, filed the notice of appeal on September 14, 2016,
    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
    

Document Info

Docket Number: 14-16-00724-CV

Filed Date: 10/6/2016

Precedential Status: Precedential

Modified Date: 10/12/2016