Opinion
No. 14-03-00801-CV
Memorandum Opinion filed August 28, 2003.
On Appeal from County Civil Court at Law Number 4, Harris County, Texas, Trial Court Cause No. 776,432
Dismissed
Panel consists of Justices EDELMAN, FROST, and GUZMAN.
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed October 14, 2002. No motion for new trial was filed. Appellant's notice of appeal was filed July 14, 2003.
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 (Tex. 1997) (construing the predecessor to Texas Rule of Appellate Procedure 26); Tex.R.App.P. 26.1; 26.3. Appellant's notice of appeal was not filed within the fifteen-day period provided by rule 26.3.
On July 21, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.