Opinion
NO. 14-11-00783-CV
06-19-2012
JASON FELT, CANARY FINANCIAL, INC., JONATHAN WASSSERBERG, AND WASSERBERG INVESTMENTS, Appellants v. COMERICA BANK, Appellee
Dismissed and Memorandum Opinion filed June 19, 2012.
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Cause No. 2009-50665
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed April 21, 2012. The trial court signed an order in accordance with Texas Rule of Civil Procedure 306a finding appellants first received actual notice of the final judgment on May 19, 2011. Appellants filed a motion for new trial on May 20, 2011. The notice of appeal was therefore due August 17, 2011. See Tex. R. App. P. 26.1. Appellants filed their notice of appeal on September 1, 2011.
Appellants' 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 rule 26.1, but within the fifteen-day grace period provided by Rule 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). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18; Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.). On May 24, 2012, appellants were ordered to file a proper motion to extend time to file the notice of appeal within ten (10) days or the appeal would be dismissed. See Tex. R. App. P. 26.3;12.5(b); 42.3.
Appellants filed no response. Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Chief Justice Hedges, and Justices Seymore and Brown.