Opinion
No. 14-08-00945-CV
Opinion filed January 15, 2009.
On Appeal from the 61st District Court, Harris County, Texas, Trial Court Cause No. 2005-01217.
Panel consists of Justices FROST, BROWN, and BOYCE.
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed August 15, 2008. No motion for new trial was filed. Appellant's notice of appeal was filed October 9, 2008.
The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. See TEX. R. APP. P. 26.1
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 (Tex. 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 December 16, 2008, 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.