NUMBER 13-14-00536-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
___________________________________________________________
JOEY EDDEEK D/B/A
JOE'S QUICK STOP #2, Appellant,
v.
WRIGHT FUEL DISTRIBUTORS, LLC, Appellee.
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On appeal from the 445th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Joey Eddeek d/b/a Joe’s Quick Stop #2, attempted to perfect an appeal
from a judgment entered by the 445th District Court of Cameron County, Texas, in cause
number 2012-DCL-7930-I. Judgment in this cause was signed on April 14, 2014.
Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the judgment is signed, unless a motion for
new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial
has been filed, notice of appeal shall be filed within ninety days after the judgment is
signed. 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, 619 (1997) (construing the predecessor
to Rule 26). However, appellant must provide a reasonable explanation for the late filing:
it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins, 140 S.W.3d
462, 462 (Tex. App.--Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565, 567 (Tex. App.-
-Waco 2002, no pet.).
Pursuant to Texas Rule of Appellate Procedure 26.1, appellant’s notice of appeal
was due on May 14, 2014, but was not filed until August 19, 2014. On September 19,
2014, the Clerk of this Court notified appellant of this defect so that steps could be taken
to correct the defect, if it could be done. Appellant was advised that, if the defect was
not corrected within ten days from the date of receipt of this Court’s letter, the appeal
would be dismissed. Appellant’s counsel filed an opposed motion for extension of time
to cure defect which was granted by the Court, extending appellant’s time to cure defect
until October 29, 2014. No response has been received from appellant.
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The Court, having examined and fully considered the documents on file,
appellant’s failure to timely perfect his appeal, and appellant’s failure to respond to this
Court’s notice, is of the opinion that the appeal should be dismissed for want of
jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF
JURISDICTION. See TEX. R. APP. P. 42.3(a)(c).
PER CURIAM
Delivered and filed the
13th day of November, 2014.
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