Steven D. Garner, Individually and Jointly, Garner Holdings, L.L.C., a Georgia Limited Liability Company, South Shore Animl Hospital, Inc., a Texas Corporation, and Safari Animal Care Centers, P.C., a Texas Professional Corp. v. Buker, Jones & Haley, P.C
This text of Steven D. Garner, Individually and Jointly, Garner Holdings, L.L.C., a Georgia Limited Liability Company, South Shore Animl Hospital, Inc., a Texas Corporation, and Safari Animal Care Centers, P.C., a Texas Professional Corp. v. Buker, Jones & Haley, P.C (Steven D. Garner, Individually and Jointly, Garner Holdings, L.L.C., a Georgia Limited Liability Company, South Shore Animl Hospital, Inc., a Texas Corporation, and Safari Animal Care Centers, P.C., a Texas Professional Corp. v. Buker, Jones & Haley, P.C) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed February 8, 2007.
In The
Fourteenth Court of Appeals
____________
NO. 14-06-01142-CV
STEVEN GARNER, Individually and Jointly, GARNER HOLDINGS, L.L.C., SOUTH SHORE ANIMAL HOSPITAL, INC., AND SAFARI ANIMAL CARE CENTER, P.C., Appellants
V.
BUKER, JONES & HALEY, Appellee
On Appeal from the 165th District Court
Harris County, Texas
Trial Court Cause No. 2006-20978
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 November 6, 2006. No motion for new trial was filed. Appellant=s notice of appeal was filed on December 22, 2006.
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
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 9 (1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18. Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3
On December 22, 2006, appellants filed a motion to extend time to file the notice of appeal. This motion was not filed within the fifteen-day grace period provided by Rul 26.3. Accordingly, we must deny the motion.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed February 8, 2007.
Panel consists of Justices Yates, Anderson, and Hudson.
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Steven D. Garner, Individually and Jointly, Garner Holdings, L.L.C., a Georgia Limited Liability Company, South Shore Animl Hospital, Inc., a Texas Corporation, and Safari Animal Care Centers, P.C., a Texas Professional Corp. v. Buker, Jones & Haley, P.C, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steven-d-garner-individually-and-jointly-garner-holdings-llc-a-texapp-2007.