Opinion issued December 3, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00284-CV
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LATRICE HARRIS, Appellant
V.
HIGHLAND KNOLLS COMMUNITY ASSOCIATION, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 908487
MEMORANDUM OPINION
Appellant, Latrice Harris, attempts to appeal from the trial court’s final
agreed judgment signed on April 8, 2008. Appellee, Highland Knolls Community
Association, has filed a motion to dismiss the appeal for want of jurisdiction. 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 ninety days after the date the judgment is signed if, within thirty days after the
judgment is signed, any party files a motion for new trial, motion to modify the
judgment, or motion to reinstate. Id.; see TEX. R. CIV. P. 329b(a), (g). The time to
file a notice of appeal also may be extended if, within fifteen 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. And 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 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 an agreed final judgment on April 8, 2008. The
clerk’s record filed in this Court does not reflect that appellant filed a
post-judgment motion or a request for findings of fact and conclusions of law,
which would have extended the time to file a notice of appeal. Accordingly,
Harris’s notice of appeal was due by May 8, 2008, or by May 23, 2008, with a
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fifteen-day extension. See TEX. R. APP. P. 26.1(a), 26.3; Verburgt, 959 S.W.2d at
617. Harris untimely filed her notice of appeal on March 25, 2015.
Without a timely filed notice of appeal, this Court lacks jurisdiction over the
appeal. See TEX. R. APP. P. 25.1. Accordingly, we grant Highland Knolls’s motion
and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We
dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Bland.
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