GLORIA GONZALEZ ROLANDO GONZALEZ MARTIN GONZALEZ AND INDIVIDUALLY AND MINOR v. AEP TEXAS CENTRAL COMPANY AND AMERICAN ELECTRIC POWER INC (2017)

MEMORANDUM OPINION

Appellants, Gloria Gonzalez, Rolando Gonzalez, Martin Gonzalez, and S.G., Individually and a/n/f S.G., a minor, attempted to perfect an appeal from a judgment entered by the 430th District Court of Hidalgo County, Texas, in cause number C-6483-14-J. We dismiss for want of jurisdiction.

Judgment in this cause was signed on October 7, 2016. A motion for new trial was filed on November 4, 2016. Appellants filed a notice of appeal on January 9, 2017. On January 12, 2017, the Clerk of this Court notified appellants that it appeared that the appeal was not timely perfected. Appellants were advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court's directive. To date, no response has been received from appellants.

Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when notice of appeal is filed within thirty days after the judgment is signed, unless a motion for new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial or motion to reinstate has been filed, notice of appeal shall be filed within ninety days after the judgment is signed. TEX. R. APP. P. 26.1(a).

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, 619 (1997) (construing the predecessor to Rule 26). However, appellant must provide a reasonable explanation for the late filing: it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins, 140 S.W.3d 462, 462 (Tex. App.—Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565, 567 (Tex. App.—Waco 2002, no pet.).

Pursuant to Texas Rule of Appellate Procedure 26.1, appellants' notice of appeal was due on January 5, 2017, but was not filed until January 9, 2017. Appellants' notice of appeal refers to an order issued on January 5, 2017. It does not appear an order was entered by the trial court on January 5, 2017, however, an order denying appellants' motion for new trial was signed on January 6, 2017. Texas Rule of Appellate Procedure 26.1 establishes the deadline for filing a notice of appeal based on the date that the judgment was signed and not from the date a motion for new trial is denied. See TEX. R. APP. P. 26.1(a).

The Court, having examined and fully considered the documents on file and appellants' failure to timely perfect their appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).

DORI CONTRERAS Justice