DC Blues v. Teamster Local 767 and Teamster Union ( 2004 )

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-271-CV

DC BLUES                                                                            APPELLANT

V.

TEAMSTER LOCAL 767                                                          APPELLEES

AND TEAMSTER UNION

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FROM THE 153^RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹

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        Appellant DC Blues appeals from the trial court’s judgment signed July 26, 2004. No postjudgment motion was filed to extend the appellate deadline. Therefore, Appellant’s notice of appeal was due August 25, 2004.²  It was not filed until August 30, 2004.  No motion to extend the time for filing the notice of appeal was filed, but under Verburgt,³ when a notice of appeal is filed within fifteen days after its due date, we imply a corresponding motion to extend the time for filing the notice of appeal.⁴   Appellant still has the burden, however, to offer a reasonable explanation for filing the notice of appeal late.⁵

        Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing a reasonable explanation for the late filing of the notice of appeal, as it appeared we lacked jurisdiction.  We did not receive a response.  Because Appellant failed to offer a reasonable explanation for filing its notice of appeal late, we dismiss this case for want of jurisdiction.⁶

                                                                  PER CURIAM

PANEL D:   DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED: December 9, 2004

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NOTES

1. See Tex. R. App. P. 47.4.

2. See Tex. R. App. P. 26.1.

3. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

4. See Tex. R. App. P. 10.5(b), 26.3 (providing appellate court may extend deadline if motion requesting extension and notice of appeal are filed within 15 days after deadline).

5. See Tex. R. App. P. 10.5(b); see also Verburgt, 959 S.W.2d at 617 (remanding to court of appeals for determination of whether Verburgt offered a reasonable explanation).

6. See Tex. R. App. P. 25.1, 26.1 (providing, together, that appellate court has jurisdiction over timely filed notice of appeal), 42.3(a), 43.2(f).