Credigy Receivables

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Court of Appeals of Texas, Fifth District, DallasJun 27, 2006
No. 05-06-00586-CV (Tex. App. Jun. 27, 2006)

No. 05-06-00586-CV

Opinion Filed June 27, 2006.

On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-12639.


Before Justices WRIGHT, MOSELEY, and LANG.


The Court has before it appellee Fred C. Jones, IV's May 15, 2006 motion to dismiss appeal. In his motion, appellee asserts that appellant Credigy Receivables, Inc. filed its April 21, 2006 notice of appeal late. Appellant did not respond to the motion.

Under Texas Rule of Appellate Procedure 26.1, appellant's notice of appeal was due by April 13, 2006, thirty days after the trial court signed the March 14, 2006 judgment. Rule 26.3 provides an additional fifteen-day window in which appellant may file a notice of appeal and a motion for extension of time in the appellate court. Because appellant filed his notice of appeal within the fifteen-day period provided by rule 26.3, this Court may consider appellant's notice of appeal as an implied motion for extension of time to file notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). We still, however, require appellant to file a motion for extension of time in compliance with rule 26.3(b). Accordingly, we sent appellant a letter dated May 26, 2006 directing it to file a motion for extension of time in compliance with rule 26.3(b). To date, appellant has not responded to our letter or otherwise communicated with this Court.

Because appellant's April 21, 2006 notice of appeal is untimely, we do not have jurisdiction over the appeal. We GRANT appellee's motion to dismiss the appeal.

We DISMISS the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).