Reyna Isabel Taborda and Phillip L. Hurley v. Srinivasachary v. Tamirisa and Barry Powell ( 2016 )

Order filed September 20, 2016
In The
Fourteenth Court of Appeals
____________
NO. 14-16-00545-CV
____________
REYNA ISABEL TABORDA AND PHILLIP L. HURLEY, Appellants
V.
SRINIVASACHARY V. TAMIRISA AND BARRY POWELL, Appellees
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Cause No. 15-DCV-221564
ORDER
This is an appeal from a judgment signed June 7, 2016. The notice of appeal
was due July 7, 2016. See Tex. R. App. P. 26.1. Appellants, however, filed their
notice of appeal on July 11, 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). Appellants did not file a motion to extend time to file the
notice of appeal. While an extension may be implied, appellants are 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 appellants to file a proper motion to extend time to
file the notice of appeal on or before September 30, 2016. See Tex. R. App. P. 26.3;
10.5(b). If appellants do not comply with this order, we will dismiss the appeal. See
Tex. R. App. P. 42.3.
PER CURIAM
2