Parkway Chevrolet, Inc. v. Melanie D. Martinez and Daniel R. Martinez, II

Order filed February 2, 2023.
In The
Fourteenth Court of Appeals
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NO. 14-22-00785-CV
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PARKWAY CHEVROLET, INC., Appellant
V.
MELANIE D. MARTINEZ AND DANIEL R. MARTIN, II, Appellees
On Appeal from the 190th District Court
Harris County, Texas
Trial Court Cause No. 2017-75206
ORDER
This is an appeal from a final judgment, signed July 15, 2022. As appellant
timely filed a request for findings of fact and conclusions of law after the judgment
was signed, the notice of appeal was due October 13, 2022. See Tex. R. App. P.
26.1(a). Appellant, however, filed the notice of appeal on October 24, 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 Ctr. 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, Zimmerer, and Wilson.
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