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in the Matter of the Marriage of Dominique Danae Warren and Isaac Alexander Warren and in the Interest of N.L.W., a Child
14-17-00468-CV
| Tex. App. | Aug 1, 2017
|
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Case Information

*1 Order filed August 1, 2017.

In The

Fourteenth Court of Appeals

____________ NO. 14-17-00468-CV ____________

IN THE MATTER OF THE MARRIAGE OF DOMINIQUE DANAE WARREN AND ISAAC ALEXANDER WARREN AND IN THE INTEREST OF N.L.W., A CHILD On Appeal from the 310th District Court

Harris County, Texas Trial Court Cause No. 2014-59627 O R D E R

This is an appeal from a judgment signed March 7, 2017. Appellant did file a timely post-judgment motion for new trial extending appellate timelines. See

Tex. R. App. P. 26.1(a). The notice of appeal was due June 5, 2017. See id . Appellant, however, filed his notice of appeal on June 13, 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 *2 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

Case Details

Case Name: in the Matter of the Marriage of Dominique Danae Warren and Isaac Alexander Warren and in the Interest of N.L.W., a Child
Court Name: Court of Appeals of Texas
Date Published: Aug 1, 2017
Docket Number: 14-17-00468-CV
Court Abbreviation: Tex. App.
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