Opinion
02-23-00415-CV
12-21-2023
Marjorie Washington, Appellant v. Light House for the Homeless a/k/a Presbyterian Night Shelter, Appellee
On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2022-005171-1
Before Kerr, Birdwell, and Bassel, JJ.
MEMORANDUM OPINION
Elizabeth Kerr Elizabeth Kerr Justice
On September 13, 2023, the trial court signed a final judgment against Appellant Marjorie Washington. Because Washington did not file a postjudgment motion extending the appellate deadline, her notice of appeal was due October 13, 2023. See Tex.R.App.P. 26.1. But Washington did not file her notice of appeal until October 27, 2023, making it untimely. See id.
On November 2, 2023, we notified the parties by letter of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely filed. See id. We warned that we could dismiss this appeal for want of jurisdiction unless Washington or any party wanting to continue the appeal filed a response by November 13, 2023, showing a reasonable explanation for the late filing of the notice of appeal. See Tex.R.App.P. 10.5(b), 26.3(b), 42.3(a), 43.2(f). We have received no response.
The time for filing a notice of appeal is jurisdictional in this court, and without a timely filed notice of appeal or a timely filed extension request, we must dismiss the appeal. See Tex.R.App.P. 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). A motion for extension of time is necessarily implied when, as here, an appellant acting in good faith files a notice of appeal beyond the time allowed by Rule 26.1 but within the 15-day period in which the appellant would be entitled to move to extend the filing deadline under Rule 26.3. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617; see also Tex.R.App.P. 26.1, 26.3. But even when an extension motion is implied, the appellant still must reasonably explain the need for an extension. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617.
Because Washington's notice of appeal was untimely filed and because Washington did not provide a reasonable explanation for needing an extension, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a), 43.2(f); see Veritek LLC v. TBI Constr. Servs. LLC, No. 02-20-00287-CV, 2021 WL 62129, at *1 (Tex. App.-Fort Worth Jan. 7, 2021, no pet.) (mem. op.).