Edward Roy Newsome v. St. Lukes Hospital, Director

• Court: Court of Appeals of Texas
• Decided: May 31, 2007
• Docket: 14-06-01149-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 31, 2007

Dismissed and Memorandum Opinion filed May 31, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-01149-CV

EDWARD ROY NEWSOME, Appellant

V.

ST. LUKES HOSPITAL, DIRECTOR, APPELLEE

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2005-06163

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 September 14, 2005.  No motion for new trial was filed.  Appellant=s notice of appeal was filed December 20, 2006.

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 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 May 7, 2007, 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.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 31, 2007.

Panel consists of Justices Yates, Anderson, and Frost.