Jahma Kamaidi Winn v. Texas Department of Criminal Justice-Institutional Division--Appeal from 218th Judicial District Court of Karnes County

MEMORANDUM OPINION
No. 04-03-00930-CV
Jahma Kamaidi WINN,
Appellant
v.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE-INSTITUTIONAL DIVISION,
Appellee
From the 218th Judicial District Court, Karnes County, Texas
Trial Court No. 00-12-00214-CVK
Honorable Ron Carr, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: February 4, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final judgment on August 18, 2003. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact or conclusions of law, the notice of appeal was due to be filed on September 17, 2003. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on October 2, 2003. See Tex. R. App. P. 26.3. Appellant filed a notice of appeal on October 6, 2003 and a motion for extension of time on December 17, 2003.

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 (Tex. 1997) (construing the predecessor to Rule 26). But "once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." Id.

On January 6, 2004, we ordered appellant to show cause why his appeal should not be dismissed for want of jurisdiction. Appellant responded to our order on January 16, 2004. Appellant's response merely provides that he "had, with good faith, intended to meet all deadlines and schedul[es] . . ." Unfortunately, appellant's intentions do not change the fact that it is too late to invoke this court's jurisdiction. See id. Therefore, this appeal is dismissed for want of jurisdiction. See id.

PER CURIAM