Order filed August 8, 2019
In The
Fourteenth Court of Appeals
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NO. 14-19-00409-CV
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CASSIE LANDRUM, INDIVIDUALLY, AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF JEFFREY LANDRUM,
Appellants
V.
GENERAL SHELTERS OF TEXAS, LTD., ROBERT C. HANCOCK,
INDIVIDUALLY, DAWN HANCOCK, INDIVIDUALLY, AND
ROBERT C. HANCOCK AND DAWN HANCOCK D/B/A THREE
ACES MINI STORAGE, Appellees
On Appeal from the 344th District Court
Chambers County, Texas
Trial Court Cause No. 18DCV0253
ORDER
This is an appeal from a judgment signed January 22, 2019, which became
final on order of severance signed February 11, 2019. Appellant timely filed a post-
judgment motion. The notice of appeal was due May 13, 2019. See Tex. R. App. P.
26.1. Appellant, however, filed the notice of appeal on May 15, 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
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