Martha Windom v. Wausau Underwriters Company--Appeal from 269th District Court of Harris County
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Dismissed and Memorandum Opinion filed September 13, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00623-CV ____________ MARTHA WINDOM, Appellant V. WAUSAU UNDERWRITERS COMPANY, Appellee On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2010-27590 MEMORANDUM OPINION This is an attempted appeal from a judgment signed January 14, 2011. Appellant filed a timely motion for new trial on February 7, 2011. Appellant s notice of appeal was filed July 19, 2011. When appellant has filed a timely motion for new trial the notice of appeal must be filed within ninety 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 was not filed within the fifteen-day period provided by Rule 26.3. On August 8, 2011, notification was transmitted to all parties of the court s intention 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, Seymore, and Jamison. 2
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