Opinion
No. 14-06-01142-CV.
Judgment rendered and Memorandum Opinion filed February 8, 2007.
On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2006-20978.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed November 6, 2006. No motion for new trial was filed. Appellant's notice of appeal was filed on December 22, 2006.
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 9 (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 22, 2006, appellants filed a motion to extend time to file the notice of appeal. This motion was not filed within the fifteen-day grace period provided by Rul 26.3. Accordingly, we must deny the motion.
Accordingly, the appeal is ordered dismissed.