Karen Sevilla v. Leonel Galvan--Appeal from County Court of Starr County

No. 04-99-00787-CV

Karen SEVILLA,

Appellant
v.

Leonel GALVAN,

Appellee
From the County Court-at-Law, Starr County, Texas
Trial Court No. CC-99-192
Honorable J. M. Alvarez, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 8, 1999

APPEAL DISMISSED FOR LACK OF JURISDICTION

We lack jurisdiction over this appeal because appellant did not timely perfect the appeal. The judgment was signed June 18, 1999. A motion for new trial was due July 19, 1999, and was timely filed. See Tex. R. Civ. P. 329b(a). The notice of appeal was due September 16, 1999, and any motion for extension of time to file the notice of appeal was due fifteen days later on October 1, 1999. See Tex. R. App. P. 26. The notice of appeal was not filed until October 22, 1999. No motion for extension of time has been filed.

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, 615 (1997). But "once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." Id.

The appeal is dismissed for lack of jurisdiction; costs of the appeal are assessed against appellant.

PER CURIAM

DO NOT PUBLISH