Iman-DeVaughn Ellis v. Onsite Parking Services LLC, Harwin Auto Storage, and Reserve at Creekbend

• Court: Court of Appeals of Texas
• Decided: March 26, 2024
• Docket: 14-24-00041-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed March 26, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00041-CV

IMAN-DEVAUGHN ELLIS, Appellant

V.

ONSITE PARKING SERVICES LLC, HARWIN AUTO STORAGE, AND RESERVE AT CREEKBEND, Appellees

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1204004

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed October 4, 2023. Appellant’s notice of appeal was filed January 2, 2024.

The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely post-judgment motion. See Tex. R. App. P. 26.1. Although appellant filed a motion for new trial with the trial court, the motion was not timely filed. See Tex. R. Civ. P. 329b(a) (“A motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment or other order complained of is signed.”).

Appellant’s notice of appeal was not filed timely. A motion to extend 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 to extend time. See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the predecessor to Rule 26). Appellant’s notice of appeal was not filed within the 15-day period provided by Texas Rule of Appellate Procedure 26.3.

On February 27, 2024, notification was transmitted to all parties the appeal was subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Poissant.