Linda Lee Brueggebors v. Richard Paul Breuggebors
Linda Lee Brueggebors v. Richard Paul Breuggebors
Opinion
Order filed April 19, 2012.
In The Fourteenth Court of Appeals _____________ NO. 14-11-01071-CV ____________ LINDA LEE BRUEGGEBORS, Appellant V. RICHARD PAUL BRUEGGEBORS, Appellee
On Appeal from the 310th District Court Harris County, Texas Trial Court Cause No. 1983-28363
ORDER This is an appeal from an order signed October 27, 2011. The notice of appeal was due November 28, 2011. See Tex. R. App. P. 26.1. Appellant, however, filed her notice of appeal on December 8, 2011, 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.CHouston [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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.