George Schilter, in His Capacity as the Independent of the Estate of Kathrin Gvadia v. Zachary T. Dixon ( 2022 )

Order filed November 3, 2022
In The
Fourteenth Court of Appeals
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NO. 14-22-00688-CV
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GEORGE SCHILTER, IN HIS CAPACITY AS THE INDEPENDENT
EXECUTOR OF THE ESTATE OF KATHRIN GVADIA,
DECEASED, Appellant
V.
ZACHARY T. DIXON, Appellee
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2020-79584
ORDER
This is an appeal from a judgment signed June 13, 2022. Appellant timely
filed a post-judgment motion. The notice of appeal was due September 12, 2022.
See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on
September 23, 2022, 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 Justices Wise, Jewell, and Poissant.