Sharon Ann Gribble, Individually and in Her Capacity as Guardian of the Person and Estate of Michael Ray Gribble v. Brent Allen Layton

Order filed September 20, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00856-CV ____________

SHARON ANN GRIBBLE, INDIVIDUALLY AND IN HER CAPACITY AS

GUARDIAN OF THE PERSON AND ESTATE OF MICHAEL RAY

GRIBBLE, Appellant

V.

BRENT ALLEN LAYTON, Appellee

On Appeal from the 306th District Court Galveston County, Texas

Trial Court Cause No. 09FD0426

ORDER

This is an appeal from a judgment signed June 30, 2011. Appellant filed a timely motion for new trial. The notice of appeal was due September 28, 2011, ninety days after the judgment was signed. See Tex. R. App. P. 26.1. Appellant filed the notice of appeal on September 29, 2011, one day late. Appellant did not file a motion to extend time to file the notice of appeal. See Tex. R. App. P. 26.3. A motion to extend time is Anecessarily 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). 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.CHouston [14th Dist.] 1998, no pet.). Appellant filed a motion to extend time deadlines to determine indigency and for filing the reporter’s record, which this court granted. The motion contained a reasonable explanation for the late determinationof appellant’s indigency, if any, and the need for additional time to file the reporter’s record. The motion did not expressly refer to the late- filed notice of appeal, however.

Accordingly, we ORDER appellant to file a proper motion to extend time to file the notice of appeal containing a reasonable explanation for the late filing within 15 days of the date of this order. See Tex. R. App. P. 26.3; 10.5(b). If appellant does not comply with this order, the court will consider dismissal of the appeal. See Tex. R. App. P. 42.3.

PER CURIAM