Houston Copperwood Apartments LP v. Harris County Appraisal District

• Court: Court of Appeals of Texas
• Decided: August 18, 2005
• Docket: 14-05-00483-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 18, 2005

Dismissed and Memorandum Opinion filed August 18, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00483-CV

HOUSTON COPPERWOOD APARTMENTS, L.P., Appellant

V.

HARRIS COUNTY APPRAISAL DISTRICT, ET AL., Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 03-56681

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 January 14, 2005.  Appellant filed a timely motion for new trial.  Appellant=s notice of appeal was filed on May 9, 2005.

When appellant has filed a timely motion for new trial, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).

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).  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 July 7, 2005, 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 18, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.