Opinion issued March 24, 2015.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00998-CV
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JOEL D. MALLORY, Appellant
V.
J.P. MORGAN CHASE BANK, N.A., CHASE HOME FINANCE, L.L.C.
AND CODILIS & STAWIARSKI, P.C., Appellees
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Case No. 2010-64487
MEMORANDUM OPINION
Appellant, Joel D. Mallory, seeks to appeal the final judgment of the trial
court dated September 15, 2014. We dismiss the appeal.
Generally, a notice of appeal is due within thirty days after the judgment is
signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended
to 90 days after the date the judgment is signed if, within 30 days after the
judgment is signed, any party timely files a motion for new trial, motion to modify
the judgment, motion to reinstate, or, under certain circumstances, a request for
findings of fact and conclusions of law. See id.; TEX. R. CIV. P. 329b(a), (g). The
time to file a notice of appeal may also be extended if, within 15 days after the
deadline to file the notice of appeal, a party properly files a motion for extension.
See TEX. R. APP. P. 10.5(b), 26.3. 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 15-day extension period provided by Rule
26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617–18
(Tex. 1997).
Here, the trial court signed the final judgment dismissing Mallory’s action
on September 15, 2014, making the deadline for filing a notice of appeal October
15, 2014. See TEX. R. APP. P. 26.1. There is no motion for new trial in the clerk’s
record, therefore the deadline to file the notice of appeal was not extended. The
Notice of appeal was not filed until December 15, 2014. Without a timely filed
notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P.
25.1.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a), (c); 43.2(f). We dismiss any pending motions as moot.
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PER CURIAM
Panel consists of Justices Jennings, Higley, and Huddle.
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