Saturday, March 6, 2010
Miss Deadline to Appeal, and Risk Dismissal
30-DAY DEADLINE TO FILE NOTICE OF APPEAL MISSED - UNTIMELY FILING WILL RESULT IN ORDER DISMISSING THE APPEAL
Normally anyhow. There is a grace period - 15 extra days - but a proper motion should be filed within that time period with a good reason or excuse. After that, it's too late, unless the requirements for restricted appeal are satisfied.
PER CURIAM MEMORANDUM OPINION
OF THE 14TH COURT OF APPEALS
This is an attempted appeal from a judgment signed March 10, 2008. Appellant's notice of appeal was filed October 19, 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 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 (Tex. 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 February 3, 2010, 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.
Hendrix v. Bryant (pdf) (Tex.App.- Houston [14th Dist.] Mar. 4, 2010)(per curiam)
(untimely notice of appeal; no timely motion for extension for additional 15 days)
DISMISSED: Per Curiam
Before Justices Frost, Boyce and Sullivan
14-09-00897-CV Jake Hendrix v. Cheryl Bryant
Appeal from 247th District Court of Harris County
Trial Court Judge: Judge Bonnie Crane Hellums
RELATED TERMS AND PHRASES: appellate time-table, deadline for notice of appeal when no post-judgment motion and no findings or facts and conclusions of law are filed, motion for extension of time to file notice of appeal, invoke the appellate court's jurisdiction, consequences of failure to meet deadline