Della Weinberger and the Sidney and Della Weinberger Family Trust v. Larry G. Longer

• Court: Court of Appeals of Texas
• Decided: November 23, 2005
• Docket: 14-05-00843-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 23, 2005

Dismissed and Memorandum Opinion filed November 23, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00843-CV

DELLA WEINBERGER AND THE SIDNEY AND DELLA WEINBERGER FAMILY TRUST, Appellants

V.

LARRY LONGER, Appellee

On Appeal from County Court at Law No. 1

Galveston County, Texas

Trial Court Cause No. 50,764

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a temporary injunction signed June 30, 2005.  Appellants= notices of appeal were filed August 18, 2005.

An appeal from an interlocutory order granting a temporary injunction is accelerated.    Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(4) (Vernon Supp.2005); Tex. R. App. P. 28.1.  Therefore, the notice of appeal must be filed within twenty days after the judgment or order is signed.  See Tex. R. App. P. 26.1(b).

Appellants= notices of appeal were not timely filed.  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 9 (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 November 8, 2005, appellee filed a motion to dismiss the appeal for want of jurisdiction.  Appellants have filed no response.

Accordingly, tT[wmf1] he appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 23, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.

---

 [wmf1]Deborah, I marked out the AAccordingly@ because I didn=t want to make it appear as if we were dismissing only because we received a motion to dismiss.  It=s a minor point, but we=re dismissing mainly because he didn=t make either time deadline.