Richard Kaminski v. TTS Logistics, Inc. a California Corporation

Order filed October 8, 2019
In The
Fourteenth Court of Appeals
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NO. 14-19-00528-CV
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RICHARD KAMINSKI, Appellant
V.
TTS LOGISTICS, INC. A CALIFORNIA CORPORATION, Appellee
On Appeal from the 234th District Court
Harris County, Texas
Trial Court Cause No. 2019-18509
ORDER
This is an appeal from an order signed March 20, 2019. Appellant timely
filed a post judgment motion to set aside. The notice of appeal was due June 18,
2019. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on
July 1, 2019, 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
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.