Hampton Ronald Hanley v. Harris County Appraisal District ( 2005 )

Dismissed and Memorandum Opinion filed May 5, 2005

Dismissed and Memorandum Opinion filed May 5, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00205-CV

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HAMPTON RONALD HANLEY, Appellant

V.

HARRIS COUNTY APPRAISAL DISTRICT, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 04-12896

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment dismissing the case signed October 8, 2004.  Appellant filed a timely motion for new trial on November 6, 2004.  Appellant=s notice of appeal was not filed February 18, 2005.

Appellant=s notice of appeal was not filed timely.  When appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See 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 (1997) (construing the predecessor to rule 26).  Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3

On April 5, 2005, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction because the notice of appeal was not filed timely.  See Tex. R. App. P. 42.3(a).  Appellant filed a response to the notice on April 15, 2005, but his response fails to demonstrate that this court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 5, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.