Metropolitan Transit Authority of Harris County, and Charlie Kennedy, Jr. v. Priya Gopinath Meave

• Court: Court of Appeals of Texas
• Decided: August 2, 2022
• Docket: 14-22-00429-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 2, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00429-CV

METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, AND CHARLIE KENNEDY, JR., Appellants V.

PRIYA GOPINATH MEAVE, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2021-45019

MEMORANDUM OPINION

This is an attempted accelerated interlocutory appeal from an order signed September 20, 2021. Appellants’ notice of appeal was filed June 10, 2022. The notice of appeal must be filed within 20 days after the order is signed in an accelerated interlocutory appeal. See Tex. R. App. P. 26.1(b).

Appellants’ 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). Appellants’ notice of appeal was not filed within the 15- day period provided by Texas Rule of Appellate Procedure 26.3.

On June 24, 2022, notification was transmitted to all parties that the appeal was subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellants filed no response.

Accordingly, the appeal is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Poissant.