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Firchau v. Anderson

State of Texas in the Fourteenth Court of Appeals
Jun 22, 2017
NO. 14-17-00336-CV (Tex. App. Jun. 22, 2017)

Opinion

NO. 14-17-00336-CV

06-22-2017

CANDIS FIRCHAU, Appellant v. JAMES ANDERSON, Appellee


On Appeal from the Co Civil Ct at Law No 1 Harris County, Texas
Trial Court Cause No. 1078870

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed December 6, 2016. No post-judgment motion was filed. Appellant's notice of appeal was filed April 27, 2017. 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 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 Rule 26.3.

On May 2, 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). Appellant filed no response.

The appeal is ordered dismissed.

PER CURIAM Panel consists of Chief Justice Frost and Justices Jamison and Busby.


Summaries of

Firchau v. Anderson

State of Texas in the Fourteenth Court of Appeals
Jun 22, 2017
NO. 14-17-00336-CV (Tex. App. Jun. 22, 2017)
Case details for

Firchau v. Anderson

Case Details

Full title:CANDIS FIRCHAU, Appellant v. JAMES ANDERSON, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 22, 2017

Citations

NO. 14-17-00336-CV (Tex. App. Jun. 22, 2017)