Della Weinberger and The Sidney and Della Weinberger Family Trust v. Larry G. Longer--Appeal from County Court at Law No 1 of Galveston CountyAnnotate this Case
Dismissed and Memorandum Opinion filed November 23, 2005.
Fourteenth Court of Appeals
DELLA WEINBERGER AND THE SIDNEY AND DELLA WEINBERGER FAMILY TRUST, Appellants
LARRY LONGER, Appellee
On Appeal from County Court at Law No. 1
Galveston County, Texas
Trial Court Cause No. 50,764
M E M O R A N D U M O P I N I O N
This is an attempted appeal from a temporary injunction signed June 30, 2005. Appellants= notices of appeal were filed August 18, 2005.
An appeal from an interlocutory order granting a temporary injunction is accelerated. Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(4) (Vernon Supp.2005); Tex. R. App. P. 28.1. Therefore, the notice of appeal must be filed within twenty days after the judgment or order is signed. See Tex. R. App. P. 26.1(b).
Appellants= notices of appeal were not timely filed. 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). Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3
On November 8, 2005, appellee filed a motion to dismiss the appeal for want of jurisdiction. Appellants have filed no response.
Accordingly, tT[wmf1] he appeal is ordered dismissed.
Judgment rendered and Memorandum Opinion filed November 23, 2005.
Panel consists of Justices Fowler, Edelman, and Guzman.
[wmf1]Deborah, I marked out the AAccordingly@ because I didn=t want to make it appear as if we were dismissing only because we received a motion to dismiss. It=s a minor point, but we=re dismissing mainly because he didn=t make either time deadline.