Opinion
14-24-00804-CV
12-12-2024
IN THE INTEREST OF L.K.J., A CHILD, Appellant
On Appeal from the 170th District Court McLennan County, Texas Trial Court Cause No. 2023-3264-4.
The Supreme Court of Texas ordered the Court of Appeals for the Tenth District of Texas to transfer this appeal (No. 10-24-00334-CV) to this court. Misc. Docket No. 24-9081 (Tex. October 14, 2024); see Tex. Gov't Code Ann. §§ 73.001, .002. Because of the transfer, we decide the case in accordance with the precedent of the transferor court under principles of stare decisis if our decision otherwise would have been inconsistent with the transferor court's precedent. See Tex. R. App. 41.3
Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from a judgment signed April 26, 2024. No post-judgment motion was filed. Appellant's notice of appeal was filed on November October 15, 2024. 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 to extend 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 to extend 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 Texas Rule of Appellate Procedure 26.3.
On October 16, 2024, notification was transmitted to all parties the appeal was subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant's response does not demonstrate this court's jurisdiction.
The Tenth District of Texas notified all parties that this appeal was subject to dismissal because it appeared the notice of appeal was untimely filed, this notice was sent before the appeal was subject to the transfer order issued by the Supreme Court of Texas.
Accordingly, we dismiss the appeal.