Nancy Petrucciani v. Russell A. Petrucciani ( 2022 )

Order filed October 13, 2022
In The
Fourteenth Court of Appeals
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NO. 14-21-00591-CV
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NANCY PETRUCCIANI, Appellant
V.
RUSSELL A. PETRUCCIANI, Appellee
On Appeal from the 309th District Court
Harris County, Texas
Trial Court Cause No. 2007-51593
ORDER
This is an interlocutory appeal from an order signed September 17, 2021.
The notice of appeal was due October 7, 2022. See Tex. R. App. P. 26.1(b).
Appellant, however, filed the notice of appeal on October 15, 2021 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 within ten (10) days of the date of this order. See Tex. R. App.
P. 26.3;10.5(b). If appellant fails to do so, the appeal is subject to dismissal without
further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).
PER CURIAM
Panel Consists of Chief Justice Christopher and Justices Wise and Hassan.