Jake Hendrix v. Cheryl Bryant--Appeal from 247th District Court of Harris County
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Dismissed and Memorandum Opinion filed March 4, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-09-00897-CV ____________ JAKE HENDRIX, Appellant V. CHERYL BRYANT, Appellee On Appeal from the 247th District Court Harris County, Texas Trial Court Cause No. 2007-31016 MEMORANDUM OPINION This is an attempted appeal from a judgment signed March 10, 2008. Appellant=s notice of appeal was filed October 19, 2009. 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 conclusions 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 (Tex. 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 February 3, 2010, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant=s response fails to demonstrate that this Court has jurisdiction to entertain the appeal. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Frost, Boyce, and Sullivan. 2
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