Opinion
NO. 14-17-00360-CV
07-11-2017
DIOGU KALU DIOGU II, Appellant v. YAOWAPA RATON-APORN, Appellee
On Appeal from the 240th District Court Fort Bend County, Texas
Trial Court Cause No. 14-DCV-214343
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed January 3, 2017. On May 9, 2017, appellee filed a motion to dismiss the appeal contending the notice of appeal was untimely. See Tex. R. App. P. 42.3. Appellant filed a motion for new trial on February 2, 2017. Appellant's notice of appeal was filed May 4, 2017.
When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 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 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 June 6, 2017, 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). In response appellant filed a motion to extend time to file notice of appeal. Appellant's response fails to demonstrate that this court has jurisdiction to entertain the appeal. Given the undisputed facts, we deny appellant's motion.
Appellee's motion to dismiss is granted, appellant's motion for extension is denied and the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.