Opinion
No. 14-04-00013-CV.
Memorandum Opinion filed February 26, 2004.
On Appeal from the 151st District Court, Harris County, Texas, Trial Court Cause No. 02-55496.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.
MEMORANDUM OPINION
This is an attempted appeal from an order of dismissal with prejudice signed September 26, 2003. No motion for new trial was filed. Appellant's notice of appeal was not filed until December 30, 2003.
The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1. Appellant's 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. 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 fifteen-day period provided by rule 26.3.
On February 9, 2004, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.