Opinion
14-23-00827-CV
11-21-2023
GUANG LI, Appellant v. LI ZHU, Appellee
On Appeal from the 246th District Court Harris County, Texas Trial Court Cause No. 2021-82207
Panel consists of Chief Justice Christopher and Justices Wise and Jewell.
MEMORANDUM OPINION
PER CURIAM.
This appears to be an attempted appeal from a final judgment signed November 22, 2022. No post-judgment motion was timely filed. Appellant's notice of appeal was filed October 30, 2023.
To the extent appellant Guang Li, proceeding pro se, is actually attempting to appeal from another order signed by the trial court that does not constitute a final judgment, we do not see any basis for an appeal from any other order. See CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) (acknowledging the general rule that "interlocutory orders are not immediately appealable").
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 November 3, 2023, 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 filed no response.
Accordingly, we dismiss the appeal.