Wayne Ernest Barker v. Theresa Chang, Et Al--Appeal from 295th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-09-00095-CV

Case Date: 03/26/2009

Plaintiff: Wayne Ernest Barker

Defendant: Theresa Chang, Et Al--Appeal from 295th District Court of Harris County

Preview:Dismissed and Memorandum Opinion filed March 26, 2009.

In The

Fourteenth Court of Appeals
____________ NO. 14-09-00095-CV ____________ WAYNE ERNEST BARKER, Appellant V. THERESA CHANG, ET AL, Appellees

On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2008-14490

MEMORANDUM OPINION
This is an attempted appeal from a judgment signed April 14, 2008. No motion for new trial was filed. Appellant's notice of appeal was filed January 12, 2009. 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 conclusion of law. See T EX. R. A PP. 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 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See T EX. R. A PP. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18. Appellant's notice of appeal was not filed within the fifteen-day period provided by Rule 26.3. On March 4, 2009, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See T EX. R. A PP. 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.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

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