Kim Joseph v. Amber Joseph

Order filed January 14, 2021.
In The
Fourteenth Court of Appeals
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NO. 14-20-00855-CV
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KIM JOSEPH, Appellant
V.
AMBER JOSEPH, Appellee
On Appeal from the 280th District Court
Harris County, Texas
Trial Court Cause No. 2020-48283
ORDER
This is an appeal from a judgment signed September 9, 2020. Appellant
timely filed a post judgment motion. The notice of appeal was due December 8,
2020. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on
December 22, 2020, 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 Bourliot, Zimmerer, and Spain.