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David Piwonka in His Official Capacity as Tax Assessor-Collector for Cypress-Fairbanks ISD and Cypress-Fairbanks Independent School District and Harris County and Mike Sullivan in His Official Capacity as Tax Assessor-Collector for Harris County v. SPX Corporation, Doing Business as SPX Flow Technology

Citation: Not availableDocket: 14-15-00915-CV

Court: Court of Appeals of Texas; December 14, 2015; Texas; State Appellate Court

Original Court Document: View Document

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An order was issued on December 15, 2015, by the Fourteenth Court of Appeals regarding the appeal case NO. 14-15-00915-CV, where David Piwonka, in his official capacity as Tax Assessor-Collector for Cypress-Fairbanks ISD, is the appellant against SPX Corporation, doing business as SPX Flow Technology, the appellee. This appeal arises from a judgment signed on October 1, 2015. The notice of appeal was due by October 21, 2015, but was filed on October 22, 2015. While this filing is within 15 days of the deadline, it requires an implied motion for extension of time according to Texas Rules of Appellate Procedure (Tex. R. App. P. 26.1). However, the appellant did not formally file a motion to extend the time for filing the notice of appeal. The court emphasized that, despite the implied extension, the appellant must provide a reasonable explanation for the late filing per precedents cited (Verburgt v. Dorner and Miller v. Greenpark Surgery Center Assocs. Ltd.). The court ordered the appellant to submit a proper motion to extend the time for filing the notice of appeal within 10 days of the order's date. Failure to comply will result in the dismissal of the appeal as per Tex. R. App. P. 42.3.