Kristina S. v. Charisma R.--Appeal from 125th District Court of Harris County
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Motion Granted; Appeal Dismissed and Memorandum Opinion filed February 1, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-10-01223-CV ____________ KRISTINA S., Appellant V. CHARISMA R., Appellee On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 2010-29216 MEMORANDUM OPINION This is an attempted appeal from an order signed August 26, 2010. Appellant filed a timely motion to modify the order on September 17, 2010. Appellant filed a notice of appeal on December 19, 2010. When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). 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 (1997) (construing the predecessor to Rule 26). Appellant s notice of appeal, however, was not filed within the fifteen-day period provided by rule 26.3 On January 14, 2011, appellee filed a motion to dismiss the appeal for want of jurisdiction. On January 24, 2011, appellant filed a response, which fails to demonstrate that this court has jurisdiction to entertain the appeal. Accordingly, appellee s motion is granted, and the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Anderson, Seymore, and McCally. 2
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