Newsome
v.
St. Lukes Hosp.

Court of Appeals of Texas, Fourteenth District, HoustonMay 31, 2007
No. 14-06-01149-CV (Tex. App. May. 31, 2007)

No. 14-06-01149-CV

Opinion filed May 31, 2007.

On Appeal from the 234th District Court Harris County, Texas, Trial Court Cause No. 2005-06163.

Panel consists of Justices YATES, ANDERSON, and FROST.


MEMORANDUM OPINION


This is an attempted appeal from a judgment signed September 14, 2005. No motion for new trial was filed. Appellant's notice of appeal was filed December 20, 2006.

The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1

Appellant's notice of appeal was not filed timely. 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, 617-18 9 (1997) (construing the predecessor to rule 26). Appellant's notice of appeal was not filed within the fifteen-day period provided by rule 26.3

On May 7, 2007, notification was transmitted to all parties of the Court's intent to dismiss the appeal 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.