Beverly Ann Graham v. Bureaus PL LLC, No. 1

• Court: Court of Appeals of Texas
• Decided: August 28, 2003
• Docket: 14-03-00801-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 28, 2003

Dismissed and Memorandum Opinion filed August 28, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00801-CV

BEVERLY ANN GRAHAM, Appellant

V.

BUREAUS PL LLC, NO. 1, Appellee

On Appeal from County Civil Court at Law Number 4

Harris County, Texas

Trial Court Cause No.  776,432

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed October 14, 2002. No motion for new trial was filed.  Appellant=s notice of appeal was filed July 14, 2003.

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 Texas Rule of Appellate Procedure 26); Tex. R. App. P. 26.1; 26.3.   Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3.

On July 21, 2003, 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 filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 28, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.