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MEMORANDUM OPINION
No. 04-10-00067-CV
Juan MORENO,
Appellant
v.
Estela BECERRA,
Appellee
From the County Court, Maverick County, Texas
Trial Court No. 2786
Honorable Jose A. Aranda, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: March 17, 2010
DISMISSED FOR WANT OF JURISDICTION
The trial court signed a final judgment on December 15, 2009. Pursuant to Texas Rule of
Appellate Procedure 26.1, appellant’s notice of appeal was due on January 14, 2010. See TEX . R.
APP . P. 26.1. Appellant, however, filed his notice of appeal fifteen days later — on January 29,
2010. Appellant’s notice of appeal was not accompanied by a motion for extension of time to file
the notice of appeal.
04-10-00067-CV
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 (Tex. 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 id.; TEX . R.
APP . P. 26.3, 10.5.
On February 4, 2010, this Court notified appellant of the need for an explanation for his
failure to file the notice of appeal in a timely manner. We warned appellant that failing to provide
a reasonable explanation would result in the dismissal of his appeal for want of jurisdiction. To date,
no response has been received from appellant. Accordingly, we dismiss this appeal for want of
jurisdiction.
PER CURIAM
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