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Corletto v. Wellington Park Patio Home Ass'n, Inc.

State of Texas in the Fourteenth Court of Appeals
Apr 16, 2015
NO. 14-15-00182-CV (Tex. App. Apr. 16, 2015)

Opinion

NO. 14-15-00182-CV

04-16-2015

ANTHONY CORLETTO, Appellant v. WELLINGTON PARK PATIO HOME ASSOCIATION, INC., Appellee


On Appeal from the 334th District Court Harris County, Texas
Trial Court Cause No. 2013-29865

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed September 23, 2014. The record reflects that no motion for new trial was filed. Appellant's notice of appeal was filed December 22, 2014.

The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely post-judgment motion. 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 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 Rule 26.3.

On March 26, 2015, 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 a motion to extend time to file a brief, but filed no response to the court's notification of dismissal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.


Summaries of

Corletto v. Wellington Park Patio Home Ass'n, Inc.

State of Texas in the Fourteenth Court of Appeals
Apr 16, 2015
NO. 14-15-00182-CV (Tex. App. Apr. 16, 2015)
Case details for

Corletto v. Wellington Park Patio Home Ass'n, Inc.

Case Details

Full title:ANTHONY CORLETTO, Appellant v. WELLINGTON PARK PATIO HOME ASSOCIATION…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Apr 16, 2015

Citations

NO. 14-15-00182-CV (Tex. App. Apr. 16, 2015)