David Piwonka in His Official Capacity as Tax Assessor-Collector for Cypress-Fairbanks ISD and Cypress-Fairbanks Independent School District and Harris County and Mike Sullivan in His Official Capacity as Tax Assessor-Collector for Harris County v. SPX Corporation, Doing Business as SPX Flow Technology ( 2015 )

Order filed December 15, 2015
In The
Fourteenth Court of Appeals
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NO. 14-15-00915-CV
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DAVID PIWONKA IN HIS OFFICIAL CAPACITY AS TAX ASSESSOR-
COLLECTOR FOR CYPRESS-FAIRBANKS ISD AND CYPRESS-
FAIRBANKS INDEPENDENT SCHOOL DISTRICT, Appellant
V.
SPX CORPORATION, DOING BUSINESS AS SPX FLOW
TECHNOLOGY, Appellee
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Cause No. 2015-08078
ORDER
This is an appeal from a judgment signed October 1, 2015. The notice of
appeal was due October 21, 2015. See Tex. R. App. P. 26.1. Appellant, however,
filed his notice of appeal on October 22, 2015, 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