Newell M. Evans v. Anthony Palacious and Mary Ward Appeal from County Court at Law No 1 of Fort Bend County (memorandum opinion per curiam)
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Appeal Dismissed and Memorandum Opinion filed October 31, 2017. In The Fourteenth Court of Appeals NO. 14-17-00693-CV NEWELL M. EVANS, Appellant V. ANTHONY PALACIOUS AND MARY WARD, Appellees On Appeal from the County Court at Law No 1 Fort Bend County, Texas Trial Court Cause No. 14-CCV-053431 MEMORANDUM OPINION This is an attempted appeal from an order signed December 29, 2016. Appellant filed a timely post-judgment motion on December 28, 2016. Appellant’s notice of appeal was filed August 18, 2017. 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 Texas Rule of Appellate Procedure 26.1, but within the 15-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 15-day period provided by Rule 26.3. On September 15, 2017, 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 Jamison, Busby, and Donovan. 2
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