DISMISS; Opinion Filed November 13, 2012.
in The
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No. 05-12-OI059
7 -C
JOSE ROSALES AND SABRINA ROSALES, Appellants
V.
JEFFREY GALLAGhER AND SUSAN GALLAGHER, Appellees
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-02266-2011
MEMORANDUM OPINION
Before Justices Moseley, Fillmore, and Myers
Opinion By Justice Moseley
Our jurisdiction is fundamental and, subject to a few mostly statutory exceptions, invoked
only upon the timely filing of a notice of appeal from a final judgment. TEX. R. App. .
25.1(b),
26.1; Lehmann i’. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); K& Sinterests, Inc. v. Tex. Am.
Bank/Dallas, 749 S.W.2d 887, 890 (Tex .App.—--Dallas 1988, writ denied). The judgment Jose and
Sabrina Rosales challenge in this appeal was signed April 27, 2012. The Rosaleses timely filed a
motion for new trial, making their notice of appeal due July 26, 2012. or with an extension motion,
August 10, 2012. See TEX. R. App. P.26.1(a), 26.3. The notice of appeal was filed July 31, 2012,
hut without an extension motion.
Because a motion for extension of time is necessarily implied when an appellant acting in
good faith flies a notice ofappeal within fifteen days ofthe date it is due. we directed the Rosaleses,
by letter dated October 12. 2012. to file an extension motion that complied with rule of appellate
procedure 10.5(b). See T€x. R. APP. P. i 0.5(b), 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615,617
(1997). We directed the Rosaleses to file the motion by October 22.2012 and cautioned them that
the appeal would be dismissed without further notice if they filled to comply. See Id. 42.3(a). To
date, the Rosaleses have not filed an extension motion or otherwise communicated with the Court.
Accordingly, we dismiss the appeal. See Id.
121059F.P05
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JUDGMENT
JOSE ROSALES AND SAI3RINA Appeal from the 30th Judicial District Court
ROSALES, Appellants of Collin County. Texas. (Tr.Ct.No. 380-
02266-2011).
No. 05-1 2-01 059-CV Opinion delivered by Justice Moseley.
Justices Fillmore and Myers participating.
ILFFRI (i&LLAGHER AND SuSAN
GALLAGHER, Appellees
In accordance with this Court’s opinion of this date, we DISMiSS the appeal. We ORDER
that appellees Jeffrey Gallagher and Susan Gallagher recover their costs, if any. of this appeal from
appellants Jose Rosales and Sabrina Rosales.
Judgment cntcrLd Novcmhei 1 3 2012
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JIM MOSELtY
JUSTICE