Order filed October 15, 2015
In The
Fourteenth Court of Appeals
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NO. 14-15-00864-CV
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IN THE INTEREST OF B.M.S., CHILD, Appellant
On Appeal from the 314th District Court
Harris County, Texas
Trial Court Cause No. 2014-04457J
ORDER
This is an appeal from a judgment signed September 9, 2015. The notice of
appeal was due September 29, 2015. See Tex. R. App. P. 26.1. Appellant, however,
filed the notice of appeal on October 9, 2015, 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
in the Interest of B.M.S., Child
Combined Opinion