Jason Arnold v. Cheryl Lieck Henry in Her Official Capacity as District Attorney of the 344th Judicial District

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 14-24-00438-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed August 29, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00438-CV

JASON ARNOLD, Appellant

V.

CHERYL LIECK HENRY IN HER OFFICIAL CAPACITY AS DISTRICT ATTORNEY OF THE 344TH JUDICIAL DISTRICT, Appellee

On Appeal from the 344th District Court Chambers County, Texas Trial Court Cause No. 23DCV0972

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed January 31, 2024. Appellant’s notice of appeal was filed June 11, 2024. Appellant’s notice of appeal was not filed timely. See Tex. R. App. P. 26.1. A motion to extend time is necessarily implied when an appellant, acting in good faith, files a notice of appeal 1 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 July 10, 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 Spain, Poissant, and Wilson.