Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of the Gammill Family Trust
This text of Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of the Gammill Family Trust (Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of the Gammill Family Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed May 1, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-00128-CV
CECIL GAMMILL, JR. AND JAIME MARTINEZ, Appellants
V.
DAVID A. FETTNER, TRUSTEE OF THE GAMMILL FAMILY TRUST,
ET AL, Appellees
On Appeal from the 190th Court
Harris County, Texas
Trial Court Cause No. 2004-55686
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 19, 2007. No motion for new trial was filed. Appellant=s notice of appeal was filed February 13, 2008.
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 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). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex. R. App. 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 April 3, 2008, 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 May 1, 2008.
Panel consists of Justices Frost, Seymore, and Guzman.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of the Gammill Family Trust, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cecil-gammill-jr-and-jaime-martinez-v-david-a-fett-texapp-2008.