Chukwuemeka Frank Nwankwo and Eligwe, LLC v. Larry Paul Manley Junior

• Court: Court of Appeals of Texas
• Decided: February 25, 2020
• Docket: 14-19-00985-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed February 25, 2020.

In The

Fourteenth Court of Appeals

NO. 14-19-00985-CV

CHUKWUEMEKA FRANK NWANKWO AND ELIGWE, LLC, Appellants

V. LARRY PAUL MANLEY, JR., Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2018-53467

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed August 29, 2019. Appellants filed a timely motion for new trial on September 27, 2019. Appellants’ notice of appeal was filed December 11, 2019.

When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). Appellants’ 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 Texas Rule of Appellate Procedure 26.1, but within the 15-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 (1997) (construing the predecessor to Rule 26). While an extension may be implied, appellant is obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.).

Appellants’ notice of appeal was filed within the 15-day period provided by Texas Rule of Appellate Procedure 26.3. On January 28, 2020, appellants were ordered to file a proper motion to extend time to file the notice of appeal within ten days or the appeal would be dismissed. See Tex. R. App. P. 26.3; 10.5(B); 42.3(a). Appellants filed no response.

The appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Bourliot, Hassan and Poissant.