in the Interest of C.R.L., a Child

• Court: Court of Appeals of Texas
• Decided: October 27, 2011
• Docket: 14-11-00660-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 27, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00660-CV ____________

IN THE INTEREST OF C.R.L., a Child

On Appeal from the 247th District Court Harris County, Texas Trial Court Cause No. 2006-58779

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed September 8, 2009. No motion for new trial was filed. Appellant's notice of appeal was filed July 28, 2011.

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 conclusion 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 (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 September 19, 2011, notification was transmitted to all parties of the court's intention 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

Panel consists of Chief Justice Hedges, Justices Anderson and Christopher.