DocketNumber： 14-18-00784-CV
Filed Date： 11/8/2018
Status： Precedential
Modified Date： 11/9/2018
Order filed November 8, 2018 In The Fourteenth Court of Appeals ____________ NO. 14-18-00784-CV ____________ GLENN HERBERT JOHNSON, Appellant V. HARRIS COUNTY; CITY OF HOUSTON; HOUSTON INDEPENDENT SCHOOL DISTRICT, ET AL., Appellees On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2017-71003 ORDER This is an appeal from a judgment signed May 29, 2018. Appellant timely filed a post judgment motion. The notice of appeal was due August 27, 2018. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on September 5, 2018, 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