Allen Williams v. Pelican Isle Property Owners Association--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00121-CV

Allen Williams,

Appellant

v.

Pelican Isle Property

Owners Association,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. 05-00-14228-CV

MEMORANDUM Opinion

The notice of appeal in this case was filed with the trial court clerk 109 days after the court signed the judgment. Because appellant filed a timely request for findings of fact and conclusions of law, the notice of appeal was due within 90 days after judgment. See Tex. R. App. P. 26.1(a)(4). Therefore, the notice of appeal is untimely.

The Clerk of this Court notified appellant that the Court would be required to imply a motion for extension if appellant could show that the notice of appeal was filed within fifteen days after it was due. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); In re B.G., 104 S.W.3d 565, 567 (Tex. App. Waco 2002, order). In addition, appellant was notified that this implied motion must be granted if appellant provided a reasonable explanation for the late filing. See B.G., 104 S.W.3d at 567. Appellant was further notified that the appeal would be dismissed for want of jurisdiction if an appropriate response was not filed within fourteen days. See Tex. R. App. P. 42.3(a).

Appellant has not filed a response. Accordingly, the appeal is dismissed for want of jurisdiction. Id.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurs in the dismissal of this proceeding because we have no jurisdiction. He does not join the opinion. A separate opinion will not issue.)

Appeal dismissed for want of jurisdiction

Opinion delivered and filed May 21, 2008

[CV06]