Opinion
NO. 14-20-00102-CV
07-23-2020
MOHAMMAD MAHMOOD, Appellant
On Appeal from the County Court at Law No. 1 Williamson County, Texas
Trial Court Cause No. 16-0124-CPSC1
MEMORANDUM OPINION
This is an attempted appeal from a final order modifying a prior order in a suit affecting the parent-child relationship signed March 28, 2018. Appellant filed his notice of appeal on December 20, 2019 The notice of appeal must be filed within 20 days after the final order is signed. See Tex. Fam. Code Ann. § 263.405; Tex. R. App. P. 26.1(b), 28.1(b), 28.4(a).
The Supreme Court of Texas ordered the Court of Appeals for the Third District of Texas to transfer the appeal (No. 3-19-00959-CV) to this court. Misc. Docket No. 19-9120 (Tex. Dec. 20, 2019); see Tex. Gov't Code Ann. §§ 73.001, .002.
Appellant's notice of appeal was not filed timely. In a civil case, a motion to extend 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 15-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). Appellant's notice of appeal was not filed within the 15-day period provided by Texas Rule of Appellate Procedure 26.3.
On March 31, 2020, 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, we dismiss the appeal.
PER CURIAM Panel consists of Justices Wise, Bourliot, and Spain.