Sylvia Cooke v. Rachel Baier

• Court: Court of Appeals of Texas
• Decided: March 28, 2023
• Docket: 14-21-00589-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 28, 2023.

In The

Fourteenth Court of Appeals

NO. 14-21-00589-CV

SYLVIA COOKE, Appellant

V. RACHEL BAIER, Appellee

On Appeal from the County Court at Law No. 2 Galveston County, Texas Trial Court Cause No. CV-0087510

MEMORANDUM OPINION

This is an attempted restricted appeal from the trial court’s dismissal order signed March 29, 2021. Appellant’s notice of appeal was filed October 15, 2023. The notice of appeal in a restricted appeal must be filed within six months after the trial court signed the judgment. Tex. Civ. Prac. & Rem. Code § 51.013; Tex. R. App. P. 26.1(c).

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 Rule 26.3.

On February 15, 2023, 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). Appellant filed no response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.