Dov Avni Kaminetzky aka Dov K. Avni v. Dosohs I, LTD Appeal from 125th District Court of Harris County (memorandum opinion per curiam)
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Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 16, 2014. In The Fourteenth Court of Appeals NO. 14-14-00450-CV DOV AVNI KAMINETZKY AKA DOV K. AVNI, Appellant V. DOSOHS I, LTD, Appellee On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 2011-53721 MEMORANDUM OPINION This is an attempted appeal from a judgment signed March 7, 2014. On July 17, 2014, appellee filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted. The record reflects appellant filed a motion on April 7, 2014. The substance of the motion, however, does not seek to alter the final summary judgment signed March 7, 2014. The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a post-judgment motion seeking to alter the trial court s judgment.1 See Tex. R. App. P. 26.1. Appellant s notice of appeal was untimely filed on June 5, 2014. 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. Appellant has filed no response to appellee s motion to dismiss that demonstrates this Court has jurisdiction to entertain the appeal. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices McCally, Brown and Wise. 1 Appellant s request for findings of fact and conclusions of law filed March 17, 2014, does not operate to extend the appellate timetable in this context. 2
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