Diana Ingrid Reisman Sexton v. Fort Bend County; Bailiff Jose Falcon; Deputy Sheriff Gabriel Cardenas, Deputy Sheriff Connor Green, Deputy Sheriff Ross, Deputy Sheriff Cox, et al Appeal from 240th District Court of Fort Bend County (memorandum opinion per curiam)
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Dismissed and Memorandum Opinion filed August 29, 2023 In The Fourteenth Court of Appeals NO. 14-23-00411-CV DIANA INGRID REISMAN SEXTON, Appellant V. FORT BEND COUNTY; BAILIFF JOSE FALCON; DEPUTY SHERIFF GABRIEL CARDENAS, DEPUTY SHERIFF CONNOR GREEN, DEPUTY SHERIFF ROSS, DEPUTY SHERIFF COX, ET AL, Appellees On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCV-296547 MEMORANDUM OPINION This is an attempted appeal from an order signed January 3, 2023. No postjudgment motion was filed. Appellant’s notice of appeal was filed June 12, 2023. The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely post-judgment motion. See Tex. R. App. P. 26.1. Appellant’s notice of appeal was not filed timely. A motion to extend 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 to extend 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 15day period provided by Texas Rule of Appellate Procedure 26.3. On July 20, 2023, notification was transmitted to all parties that the appeal was subject to dismissal without further notice 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 Wise, Zimmerer, and Poissant. 2
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