Opinion
14-23-00629-CV
11-21-2023
CAROLINA VILLARROEL OCHOA, FEDERICO EDUARDO OCHOA AND FREDERICO EDUARDO OCHOA D/B/A OCHOA CONSTRUCTION,Appellants v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee
On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2022-00126
Panel consists of Justices Hassan, Poissant, and Wilson.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from a judgment signed May 25, 2023. Appellants filed a timely motion for new trial on June 26, 2023. Appellant's notice of appeal was filed August 24, 2023.
When an 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).
Appellants' 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 filed within that 15-day grace period. However, as appellants were still obligated to come forward with a reasonable explanation to support the late filing, on October 12, 2023, this court ordered appellants to file a proper notice of appeal within 10 days. See Miller v. Greenpark Surgery Ctr. Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.-Houston [14th Dist.] 1998, no pet.). Appellants were further warned that the appeal was subject to dismissal without further notice for want of jurisdiction if they failed to do so.
On October 27, 2023, appellants filed a motion for extension of time to file their notice of appeal. Although the motion contains an explanation for why it was untimely filed, it does not contain any explanation for why the notice of appeal itself was untimely filed.
As appellants' motion fails to demonstrate this court can properly exercise jurisdiction over this appeal, we deny the motion and dismiss the appeal.