Joe Henry Mack v. Texas Department of Criminal Justice-Institutional Division, Eddie Harris, Joseph Newcost, Regina Mack, and Dr. Drew Williams--Appeal from 23rd District Court of Brazoria County

Dismissed and Opinion filed October 9, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00162-CV

____________

JOE HENRY MACK, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICEBINSTITUTIONAL DIVISION, EDDIE HARRIS, JOSEPH NEWCOST, REGINA MACK, and DR. DREW WILLIAMS, Appellees

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 96I1698

M E M O R A N D U M O P I N I O N

This is an attempted appeal from a judgment signed December 4, 2002. Appellant filed an untimely request for findings of fact and conclusions of law on November 2, 2000. Appellant=s notice of appeal was filed January 28, 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. See Verburgt v. Dorner, 959 S.W.2d 615, 617-18 9 (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. Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3

On March 28, 2003, 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 a motion to retain, which fails to demonstrate that this Court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed October 9, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.