In Re Commitment of Juan Carlos Ramirez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2023
• Docket: 14-23-00055-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 21, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00055-CV

IN RE COMMITMENT OF JUAN CARLOS RAMIREZ

On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1268291Z

MEMORANDUM OPINION

Appellant has filed a motion to dismiss this appeal for want of jurisdiction. This is an attempted appeal from an order of civil commitment as a sexually violent predator signed November 10, 2022. See Tex. Health & Safety Code Ann. § 841.146(b). Appellant filed an untimely motion for new trial on December 19, 2022. Appellant’s notice of appeal was filed January 23, 2023

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 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.

We grant appellant’s motion and dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Jewell and Spain.