Ivy Jane Simon v. Cypresswood SNF Operations, LLC Appeal from 55th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 29, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00514-CV ——————————— IVY JANE SIMON, Appellant V. CYPRESSWOOD SNF OPERATIONS, LLC, Appellee On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2014-42890 MEMORANDUM OPINION Appellant, Ivy Jane Simon, attempts to appeal from the trial court’s judgment signed on February 9, 2015. Appellee, Cypresswood SNF Operations, LLC, has filed a motion to dismiss the appeal for want of jurisdiction. We grant Cypresswood’s motion and dismiss the appeal. Generally, a notice of appeal is due within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended to ninety days after the date the judgment is signed if, within thirty days after the judgment is signed, any party files a motion for new trial, motion to modify the judgment, or motion to reinstate. Id.; see TEX. R. CIV. P. 329b(a), (g). The time to file a notice of appeal also may be extended if, within fifteen days after the deadline to file the notice of appeal, a party properly files a motion for extension. See TEX. R. APP. P. 10.5(b), 26.3. And 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 extension period provided by rule 26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Here, the trial court signed the final judgment on February 9, 2015. A motion for new trial was due by March 11, 2015. Because Simon timely filed a motion for new trial, Simon’s notice of appeal was due no later than May 11, 2015, or May 26, 2015, with a fifteen-day extension. TEX. R. APP. P. 4.1, 26.1, 26.3; see Tex. R. Civ. P. 329b(g). Simon untimely filed her notice of appeal on June 3, 2015. 2 Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1. Accordingly, we grant Cypresswood’s motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss any other pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Massengale, and Lloyd. 3
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