Airline International Luggage, Inc., Sterling Assets, Inc., Airport Industrial Leasehold Joint Venture, Airport Joint Venture, Airport Industrial Joint Venture, Airport Industrial Offices Joint Venture, Robert R. Marble, Trustee, et al. v. El Paso Central Appraisal District and El Paso Appraisal Review Board--Appeal from County Court at Law No 7 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AIRLINE INTERNATIONAL LUGGAGE, )

INC., et al., ) No. 08-02-00503-CV

)

Appellants, ) Appeal from the

)

v. ) County Court at Law #7

)

EL PASO CENTRAL APPRAISAL DISTRICT ) of El Paso County, Texas

and EL PASO APPRAISAL REVIEW BOARD,. )

) (TC# 2000TX863)

Appellees. )

MEMORANDUM OPINION

Pending before the Court is Appellees= motion to dismiss this appeal for want of jurisdiction. Appellants attempt to appeal from a summary judgment rendered on August 2, 2002. Appellants filed a timely motion for new trial on August 30, 2002. Appellants= notice of appeal was filed on November 8, 2002. See Tex.R.App.P. 26.1(a).

When an appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex.R.App.P. 26.1(a).

In this case, Appellants= notice of appeal was not filed within ninety days after the judgment was signed. Thus, Appellants= 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. See Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997)(construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex.R.App.P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18. Even though Appellants filed a notice of appeal within the fifteen-day grace period, they failed to file a motion for extension of time or to reasonably explain the need for an extension of time to file the notice. See Tex.R.App.P 26.3.

Because Appellants failed to file a timely notice of appeal and did not provide an explanation for needing an extension of time, we have no jurisdiction over this appeal. Appellants have failed to respond to Appellees= motion to dismiss. Therefore, we grant Appellees= motion and dismiss this appeal pursuant to Tex.R.App.P. 42.3(a).

January 16, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.