Lambert's Trash Hauling, Inc. and Paul C. Lambert v. Financial Federal Credit, Inc.--Appeal from Co Civil Ct at Law No 4 of Harris County

Dismissed and Memorandum Opinion filed August 30, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00419-CV

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LAMBERT=S TRASH HAULING, INC. and PAUL C. LAMBERT, Appellants

V.

FINANCIAL FEDERAL CREDIT, INC., Appellee

On Appeal from the County Civil Court at Law No 4

Harris County, Texas

Trial Court Cause No. 849838

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

This is an attempted appeal from a default judgment signed April 11, 2006. Appellant filed an untimely motion to set aside the judgment on March 14, 2007. Appellant=s notice of appeal was filed May 14, 2007.

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 conclusion 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 July 30, 2007, appellee filed a motion to dismiss the appeal for want of jurisdiction. Appellant filed no response to the motion. We grant appellee=s motion.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 30, 2007.

Panel consists of Justices Yates, Seymore, and Guzman.