Shellie Wheeler and Laporte's W & W Inc. v. EK & AC Interest, Inc., Formerly Known as EK & AC Enterprises, Inc.

• Court: Court of Appeals of Texas
• Decided: February 22, 2024
• Docket: 14-23-00900-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 22, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00900-CV

SHELLIE WHEELER AND LAPORTE'S W & W INC., Appellants

V.

EK & AC INTEREST, INC., FORMERLY KNOWN AS EK & AC ENTERPRISES, INC., Appellee

On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 2014-72004

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed October 09, 2023. No post-judgment motion was filed. Appellant’s notice of appeal was filed on November 28, 2023. The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely post-judgment motion. See Tex. R. App. P. 26.1 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 11, 2023, 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 does not demonstrate this court’s jurisdiction.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher, Justices Zimmerer and Wilson.