Roger Dale Montgomery v. Spring I.S.D.

Opinion

Dismissed and Memorandum Opinion filed May 29, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00227-CV

ROGER DALE MONTGOMERY, Appellant

V. SPRING I.S.D., Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2011-32442

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed November 20, 2013. Appellant filed a timely motion for new trial on December 18, 2013. Appellant’s notice of appeal was filed March 18, 2014.

When appellant has filed a timely post-judgment motion, 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’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 Rule 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 April 29, 2014, 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.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Boyce, Busby, and Wise.