Opinion
No. 13-08-00538-CV
Opinion delivered and filed January 22, 2009.
On appeal from the 107th District Court of Cameron County, Texas.
Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.
Memorandum Opinion PER CURIAM.
MEMORANDUM OPINION
Appellant, Rodolfo Renteria, pro se, attempted to perfect an appeal from a judgment entered by the 107th District Court of Cameron County, Texas, in cause number 2007-10-5404-A. Judgment in this cause was signed on July 29, 2008. Pursuant to Texas Rule of Appellate Procedure 26.1, appellant's notice of appeal was due on August 28, 2008, but was not filed until September 9, 2008.
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, 619 (1997) (construing the predecessor to Rule 26). However, appellant must provide a reasonable explanation for the late filing: it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins, 140 S.W.3d 462, 462 (Tex.App.-Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565, 567 (Tex.App.-Waco 2002, no pet.).
On September 17, 2008, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter, the appeal would be dismissed. To date, no response has been received from appellant.
The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's failure to respond to this Court's notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See Tex. R. App. P. 42.3(a)(c).