Court of Civil Appeals of Texas, 2018

Charles J. Germany Jr. v. Wells Fargo Bank, NA

Charles J. Germany Jr. v. Wells Fargo Bank, NA
Court of Civil Appeals of Texas · Decided May 15, 2018

Charles J. Germany Jr. v. Wells Fargo Bank, NA

Opinion

Order filed May 15, 2018

In The Fourteenth Court of Appeals ____________ NO. 14-17-00916-CV ____________ CHARLES J. GERMANY JR., Appellant V. WELLS FARGO BANK, NA, Appellee

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 17-DCV-239533 ORDER This is an appeal from a judgment signed October 19, 2017. The notice of appeal was due November 20, 2018. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on November 21, 2017, 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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