Sharon Lee Downes v. Karen Ann Brindamour

• Court: Court of Appeals of Texas
• Decided: January 12, 2023
• Docket: 14-22-00900-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 12, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00900-CV

SHARON LEE DOWNES, Appellant

V. KAREN ANN BRINDAMOUR, Appellee

On Appeal from the 461st District Court Brazoria County, Texas Trial Court Cause No. 116506-F

MEMORANDUM OPINION

This is an attempted appeal from a protective order signed March 11, 2022. See Tex. Fam. Code Ann. § 81.009(a) (allowing appeals from protective orders rendered under Family Code title 4, subtitle B, Tex. Fam. Code Ann. §§ 81.001- 88.008). Appellant filed a timely motion for new trial on March 16, 2022. Appellant’s notice of appeal was filed December 5, 2022. When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 days after the date the appealable order 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 December 9, 2022, 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’s response fails to demonstrate that this court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Hassan.