Xinhun He v. William Scott Harding

• Court: Court of Appeals of Texas
• Decided: April 25, 2023
• Docket: 14-23-00033-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 25, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00033-CV

XINHUN HE, Appellant

V. WILLIAM SCOTT HARDING, Appellee

On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2021-81116

MEMORANDUM OPINION

This is an attempted restricted appeal from an order of dismissal signed June 1, 2022. Appellant’s notice of appeal was filed January 18, 2023.

The notice of appeal in a restricted appeal must be filed within six months after the judgment or order is signed. See 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 Texas Rule of Appellate Procedure 26.3.

On March 27, 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 filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Bourliot, Hassan, and Poissant.