Albert Porter v. The State of Texas Appeal from County Court at Law No. 3 of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00429-CV Albert PORTER, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2015CV06349 Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: August 10, 2016 DISMISSED FOR LACK OF JURISDICTION The trial court signed a final judgment on May 19, 2016. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, his notice of appeal was due to be filed on June 18, 2016. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file appellant’s notice of appeal was due on July 3, 2016. See TEX. R. APP. P. 26.3. Appellant filed his notice of appeal on July 1, 2016. Although appellant filed a notice of appeal within the fifteen-day grace period allowed by Rule 26.3, he did not file a motion for 04-16-00429-CV extension of time. 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 Texas Rule of Appellate Procedure 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). However, an appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C). We ordered appellant to file, by July 26, 2016, a response presenting a reasonable explanation for his untimely notice of appeal. We warned appellant that if no such response was filed, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c). No response was filed. 1 In the absence of a response presenting a reasonable explanation for appellant’s untimely notice of appeal, we have no jurisdiction over this appeal. See Markwardt v. City of San Antonio, No. 0415-00675-CV, 2016 WL 320597, at *1 (Tex. App.—San Antonio Jan. 20, 2016, no pet.) (dismissing appeal for lack of jurisdiction when the appellant failed to provide a reasonable explanation for failing to file the notice of appeal in a timely manner). Therefore, this appeal is dismissed for lack of jurisdiction. See id.; see also TEX. R. APP. P. 42.3(c). PER CURIAM 1 Appellant filed a brief on July 20, 2016. -2-
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