Louis Charles Bundage v. Lela Mae Attaway

• Court: Court of Appeals of Texas
• Decided: May 17, 2007
• Docket: 14-07-00135-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 17, 2007

Dismissed and Memorandum Opinion filed May 17, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00135-CV

LOUIS CHARLES BUNDAGE, Appellant

V.

LELA MAE ATTAWAY, Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2005-34253

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed September 6, 2006.  Appellant=s notice of appeal was filed February 12, 2007.

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.

When appellant has 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, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).

Appellant did file a post-judgment motion, titled AEmergency Motion to Notify the Authority of the 215th Court and the Clerk, that a 1st Amendment Voilation, [sic] has taken place.@  Even if that motion were construed to be one that operated to extend the appellate timetables, 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 9 (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 March 22, 2007, notification was transmitted to all parties of the Court=s intent 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

Judgment rendered and Memorandum Opinion filed May 17, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.