Jennifer Maris v. Lori Ferro

• Court: Court of Appeals of Texas
• Decided: October 6, 2022
• Docket: 14-22-00608-CV
• Status: Published

Opinion

Motion Granted; Dismissed and Memorandum Opinion filed October 6, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00608-CV

JENNIFER MARIS, Appellant

V. LORI FERRO, Appellee

On Appeal from the Probate Court No. 2 Harris County, Texas Trial Court Cause No. 490321

MEMORANDUM OPINION

This is an attempted appeal from a judgment in a proceeding to declare heirship signed May 4, 2022. See Tex. Est. Code Ann. § 202.202. Appellant filed a timely motion for new trial on June 3, 2022. Appellant’s notice of appeal was filed August 18, 2022.

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 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 August 23, 2022, appellee filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response. Appellee’s motion is granted.

Accordingly, the appeal is dismissed.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.