Williams M. Walls v. Harris County ( 2014 )

Order filed June 10, 2014
In The
Fourteenth Court of Appeals
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NO. 14-14-00260-CV
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WILLIAMS M. WALLS, Appellant
V.
HARRIS COUNTY, ET AL, Appellee
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Cause No. 2009-20004A
ORDER
This is an appeal from a judgment signed December 20, 2013. The notice of
appeal was due March 20, 2014. See Tex. R. App. P. 26.1. Appellant, however,
filed his notice of appeal on April 1, 2014, 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 June 20, 2014. 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
Order filed , .