Dismissed and Memorandum Opinion filed November 30, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00789-CV
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KIMBERLY MITCHELL, Appellant
V.
KATHY PETRILO, ET AL., Appellees
On Appeal from the 125th District Court
Harris County, Texas
Trial Court Cause No. 2003-70335
M E M O R A N D U M O P I N I O N
This is an attempted appeal from a an agreed order of dismissal, signed August 20, 2004. No motion for new trial was filed. Appellant=s notice of appeal was filed on September 8, 2006.
The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not 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. See Tex. R. App. P. 26.1
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 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 9 (1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18. Appellant=s notice of appeal was not filed within the fifteen-day period provided by rule 26.3
On October 25, 2005, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed a response, which did not address jurisdiction.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed November 30, 2006.
Panel consists of Justices Anderson, Hudson, and Guzman.