Interstate Investment Corporation v. Pasadena Independent School District, Et Al and Joseph Ray Edwards and Janet Edwards--Appeal from 270th District Court of Harris County

Dismissed and Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00464-CV

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INTERSTATE INVESTMENT CORPORATION, Appellant

V.

PASADENA INDEPENDENT SCHOOL DISTRICT, ET AL., and JOSEPH RAY EDWARDS and JANET EDWARDS, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 99-18042

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 January 8, 2003. No motion for new trial was filed. Appellant=s notice of appeal was filed April 7, 2003.

On November 12, 2003, appellees, Joseph Ray Edwards and Janet Edwards, filed a motion to dismiss, claiming the notice of appeal was not timely filed. Appellant filed no response to the motion to dismiss.

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

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed December 18, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.