Eddie Lee Daugherty v. Taylor ReAnn Pinkston Appeal from 231st District Court of Tarrant County (memorandum opinion)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00207-CV ___________________________ EDDIE LEE DAUGHERTY, Appellant V. TAYLOR REANN PINKSTON, Appellee On Appeal from the 231st District Court Tarrant County, Texas Trial Court No. 231-707831-21 Before Kerr, Birdwell, and Bassel, JJ. Memorandum Opinion by Justice Kerr MEMORANDUM OPINION Eddie Lee Daugherty attempts to appeal from the trial court’s February 15, 2022 family-violence protective order. See Tex. Fam. Code Ann. §§ 81.001, 81.009, 85.001(b), 85.022. Because Daugherty timely moved for a new trial, his notice of appeal was due May 16, 2022. See Tex. R. App. P. 26.1(a)(1). But Daugherty did not file his notice of appeal until May 31, 2022, making it untimely. See id. On June 2, 2022, we notified the parties by letter of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely filed. See Tex. R. App. P. 26.1. We warned that we could dismiss this appeal for want of jurisdiction unless Daugherty or any party wanting to continue the appeal filed a response by June 13, 2022, showing a reasonable explanation for the late filing of the notice of appeal. See Tex. R. App. P. 10.5(b), 26.3(b), 42.3(a), 43.2(f). We have received no response. The time for filing a notice of appeal is jurisdictional in this court, and without a timely filed notice of appeal or a timely filed extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). A motion for extension of time is necessarily implied when, as here, an appellant acting in good faith files a notice of appeal beyond the time allowed by Rule 26.1 but within the 15day period in which the appellant would be entitled to move to extend the filing deadline under Rule 26.3. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617; see also Tex. R. App. P. 26.1, 26.3. But even when an extension motion is implied, the 2 appellant still must reasonably explain the need for an extension. See Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617. Because Daugherty’s notice of appeal was untimely and because Daugherty did not provide a reasonable explanation for needing an extension, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); see Veritek LLC v. TBI Constr. Servs. LLC, No. 02-20-00287-CV, 2021 WL 62129, at *1 (Tex. App.—Fort Worth Jan. 7, 2021, no pet.) (mem. op.). /s/ Elizabeth Kerr Elizabeth Kerr Justice Delivered: June 30, 2022 3
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