Opinion
No. 14-05-00483-CV
Memorandum Opinion filed August 18, 2005.
On Appeal from the 133rd District Court, Harris County, Texas, Trial Court Cause No. 03-56681.
Dismissed.
Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed January 14, 2005. Appellant filed a timely motion for new trial. Appellant's notice of appeal was filed on May 9, 2005.
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 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 9 (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. Appellant's notice of appeal was not filed within the fifteen-day period provided by rule 26.3
On July 7, 2005, notification was transmitted to all parties of the Court's intent 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.