Opinion
No. 14-10-00293-CV
Opinion filed May 27, 2010.
On Appeal from the County Court at Law No. 2, Fort Bend County, Texas, Trial Court Cause No. 09-CCV-038989.
Panel consists of Justices ANDERSON, FROST, and SEYMORE.
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed December 22, 2009. Appellants filed an untimely motion for new trial on January 25, 2010, with no proof that it was mailed. Appellants' notice of appeal was filed March 26, 2010.
The notice of appeal must be filed within thirty days after the judgment is signed when appellants have 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.
Appellants' 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 (1997) (construing the predecessor to Rule 26). Appellants' notice of appeal was not filed within the fifteen-day period provided by Rule 26.3
On April 28, 2010, appellee filed a motion to dismiss the appeal for want of jurisdiction. Appellants filed no response.
Accordingly, the appeal is ordered dismissed.