Opinion
NO. 14-16-00880-CV
06-15-2017
On Appeal from the 129th District Court Harris County, Texas
Trial Court Cause No. 2016-12580
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed October 3, 2016. The notice of appeal was due November 2, 2016. Appellant's notice of appeal was filed November 3, 2016.
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 15-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).
On May 4, 2017, this court ordered appellant to file a proper motion to extend time to file the notice of appeal on or before May 15, 2017. We notified appellant that if it did not comply with the order we would dismiss the appeal. Appellant filed no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Boyce, Donovan, and Jewell.