Dismissed and Memorandum Opinion filed May 11, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00054-CV
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SEAN BAKER AND DEBORAH A. GIBSON F/K/A DEBORAH BAKER, INDIVIDUALLY AND AS NEXT FRIENDS OF B.B., B.B., AND L.B., Appellants
V.
BARRETT BURKE WILSON CASTEL DAFFIN & FRAPPIER, L.L.P., Appellee
On Appeal from County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 828,673
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 signed December 2, 2005. No motion for new trial was filed. Appellant=s notice of appeal was filed January 11, 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 filed within the fifteen-day period provided by rule 26.3
On February 23, 2006, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction unless appellant filed a proper motion to extend time to file the notice of appeal. See Tex. R. App. P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed May 11, 2006.
Panel consists of Justices Hudson, Fowler, and Seymore.