in the Matter of the Marriage of Angie J. Phebus and Robert W. Phebus

• Court: Court of Appeals of Texas
• Decided: July 10, 2018
• Docket: 14-18-00415-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 10, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00415-CV

IN THE MATTER OF THE MARRIAGE OF ANGIE J. PHEBUS AND ROBERT W. PHEBUS

On Appeal from the County Court at Law No. 1 Galveston County, Texas Trial Court Cause No. 15-FD-1502

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed July 27, 2016. Appellant filed a timely motion for new trial on August 22, 2016. Appellant’s notice of appeal was filed May 16, 2018.

When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 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 Texas Rule of Appellate Procedure 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 June 7, 2018, 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.

We dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.