Sylvia Cooke v. Rachel Baier ( 2023 )

Dismissed and Memorandum Opinion filed March 28, 2023.
In The
Fourteenth Court of Appeals
NO. 14-21-00589-CV
SYLVIA COOKE, Appellant
V.
RACHEL BAIER, Appellee
On Appeal from the County Court at Law No. 2
Galveston County, Texas
Trial Court Cause No. CV-0087510
MEMORANDUM OPINION
This is an attempted restricted appeal from the trial court’s dismissal order
signed March 29, 2021. Appellant’s notice of appeal was filed October 15, 2023.
The notice of appeal in a restricted appeal must be filed within six months after the
trial court signed the judgment. Tex. Civ. Prac. & Rem. Code § 51.013; Tex. R.
App. P. 26.1(c).
Appellant’s notice of appeal was not filed timely. A motion to extend 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 to extend 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 February 15, 2023, notification was transmitted to all parties that the
appeal was subject to dismissal without further notice for want of jurisdiction. See
Tex. R. App. P. 42.3(a). Appellant filed no response.
Accordingly, we dismiss the appeal.
PER CURIAM
Panel consists of Justices Jewell, Bourliot, and Zimmerer.
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