Dismissed and Memorandum Opinion filed January 5, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-05-00663-CV
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CURTIS DARIN CADE, Appellant
V.
AIMEE SUTTON CADE, Appellee
On Appeal from the 245th District Court
Harris County, Texas
Trial Court Cause No. 04-18171
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 April 14, 2005. Appellant=s notice of appeal was filed June 3, 2005.
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. The filing of an appeal from the associate judge=s hearing is not a post-judgment motion and therefore does not operate to extend the appellate timetable. AThe date an order or judgment by the referring court is signed is the controlling date for the purposes of appeal.@ See Tex. Fam. Code Ann. ' 201.016(b).
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 November 21, 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 no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed January 5, 2006.
Panel consists of Justices Fowler, Edelman, and Guzman.