Order filed September 25, 2014
In The
Fourteenth Court of Appeals
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NO. 14-14-00756-CV
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DON MCCAFFETY, Appellant
V.
JOYCE MCCAFFETY, ET AL, Appellee
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 2011-29862
ORDER
This is an appeal from a judgment signed June 17, 2014. The notice of
appeal was due July 17, 2014. See Tex. R. App. P. 26.1. Appellant, however, filed
his notice of appeal on July 20, 2014, 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 fifteen 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