Glenn Blair v. Latosha Dionne Mitchell ( 2022 )

Dismissed and Memorandum Opinion filed October 11, 2022.
In The
Fourteenth Court of Appeals
NO. 14-22-00626-CV
GLENN BLAIR, Appellant
V.
LATOSHA DIONNE MITCHELL, Appellee
On Appeal from the 310th District Court
Harris County, Texas
Trial Court Cause No. 2021-04645
MEMORANDUM OPINION
This is an attempted appeal from a decree of divorce signed May 3, 2022.
Appellant filed a timely motion for new trial on May 3, 2022. Appellant’s notice of
appeal was filed August 19, 2022.
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 Texas Rule of Appellate Procedure 26.3.
On September 13, 2022, 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’s response fails to demonstrate that this court has
jurisdiction to entertain the appeal.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Wise and Hassan.
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