Opinion issued January 16, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00772-CV
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ILSA PEN BONHAM AND TEXAS HAMPTON INVESTMENTS,
Appellants
V.
TEXAS AMERICAN TITLE COMPANY, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 2011-20060
MEMORANDUM OPINION
Appellants, Ilsa Pen Bonham and Texas Hampton Investments, attempt to
appeal from the trial court’s judgment signed May 6, 2013. Appellee, Texas
American Title Company, has filed a motion to dismiss this appeal, contending
that appellants’ notice of appeal was untimely. We grant the motion and 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 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. 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
(Tex. 1997).
Here, the trial court signed the final judgment on May 6, 2013. Appellants
timely filed a motion for new trial on May 15, 2013. See TEX. R. CIV. P. 329b(a).
Therefore, appellants’ notice of appeal was due by August 5, 2013. See TEX. R.
APP. P. 4.1(a), 26.1.
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Appellants untimely filed their notice of appeal on September 4, 2013.
Without a timely filed notice of appeal, this Court lacks jurisdiction over the
appeal. See TEX. R. APP. P. 25.1.
Accordingly, we grant appellee’s motion and dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions
as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
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