Opinion
14-24-00056-CV
02-22-2024
BRIAN NEAL JEFFRIES, Appellant v. RICHDALE APARTMENTS AND THE RICHDALE GROUP D/B/A BRIARWOOD APARTMENTS HOUSTON, Appellees
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2020-72569.
Panel consists of Christopher, Chief Justice and Zimmerer and Wilson, Justices.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from a judgment signed October 5, 2023. Appellant filed a timely motion for new trial on November 6, 2023. See Tex. R. App. P. 4.1(a). Appellant's notice of appeal was filed January 22, 2024.
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 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 February 2, 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 fails to demonstrate that this court has jurisdiction to entertain the appeal.[
Appellant's response asserts his deadline for filing a notice of appeal was extended due to four days elapsing between when the trial court signed its judgment and when he received notice of the judgment. But the four-day gap would not extend any deadlines at all. See Tex. R. App. P. 4.2(a)(1) (extending various deadlines to file documents "[i]f a party affected by a judgment or other appealable order has not - within 20 days after the judgment or order was signed - either received the notice required by Texas Rule of Civil Procedure 306a.3 or acquired actual knowledge of the signing).
Accordingly, we dismiss the appeal.