Opinion
NO. 14-12-00381-CV
07-17-2012
HAWAH FAHNBULLEH, Appellant v. CITY OF HOUSTON, Appellee
Dismissed and Memorandum Opinion filed July 17, 2012.
On Appeal from County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 934450
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed December 16, 2011. A timely motion for new trial was filed December 19, 2011. Appellant's notice of appeal was filed April 19, 2011.
When appellant has filed a timely motion for new trial, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). Appellant's notice of appeal was therefore due March 15, 2012.
Appellant's notice of appeal was not filed timely. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Texas Rule of Appellate Procedure 26.1, but within the fifteen-day grace period provided by Texas Rule of Appellate Procedure 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (1997) (construing the predecessor to Rule 26). The grace period expired on March 30, 2012. Appellant's notice of appeal was not filed within the fifteen-day period provided by Rule 26.3.
On June 12, 2012, notification was transmitted to all parties of the court's intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Frost, McCally, and Busby.