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Laurie Poe v. Omni Flow Computers, Inc.
14-15-00674-CV
| Tex. App. | Nov 24, 2015
|
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Case Information

*1 Order filed November 24, 2015

In The Fourteenth Court of Appeals

____________ NO. 14-15-00674-CV ____________ LAURIE POE, Appellant V.

OMNI FLOW COMPUTERS, INC., Appellee

On Appeal from the 11th District Court

Harris County, Texas Trial Court Cause No. 2014-33603 O R D E R

This is an appeal from a judgment signed June 23, 2015. The notice of appeal was due July 23, 2015. See Tex. R. App. P. 26.1. Appellant, however, filed her notice of appeal on August 5, 2015, 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, *2 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 2

Case Details

Case Name: Laurie Poe v. Omni Flow Computers, Inc.
Court Name: Court of Appeals of Texas
Date Published: Nov 24, 2015
Docket Number: 14-15-00674-CV
Court Abbreviation: Tex. App.
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