HARTLEY v. LANE (2017)

Court of Appeals of Texas, Houston (14th Dist.).

Bill HARTLEY, Appellant v. Todd LANE, Appellee

NO. 14-17-00648-CV

Decided: November 30, 2017

Panel consists of Justices Christopher, Donovan, and Jewell.

Juan Carlos Garcia Sr., for Appellee. Bill Hartley, for Appellant.

MEMORANDUM OPINION

This is an attempted appeal from an order signed March 31, 2017. Appellant filed a timely motion for reconsideration on April 5, 2017. Appellant's notice of appeal was filed August 7, 2017. When appellant has filed a timely post-judgment motion, the notice of appeal must be filed within 90 days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).

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 Texas Rule of Appellate Procedure 26.1, but within the 15-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 (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 October 17, 2017, notification was transmitted to all parties of the court's intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response. Accordingly, the appeal is ordered dismissed.

PER CURIAM

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