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motions motion for extension of time to file notice of appeal | dismissal for want of appellate jurisdiction (DWOJ)

MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL

Hendrix v. Bryant (pdf) (Tex.App.- Houston [1st Dist.] Mar. 4, 2010)(per curiam) (untimely notice of appeal; no
motion for extension for additional 15 days)    
Appellant's notice of appeal was not filed timely.
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, 617-18 (Tex. 1997) (construing the
predecessor to Rule 26).  Appellant's notice of appeal was not filed within the fifteen-day period provided by Rule
26.3
On February 3, 2010, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want
of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant's response fails to demonstrate that this Court has
jurisdiction to entertain the appeal.
Accordingly, the appeal is ordered dismissed.
DISMISSED: Per Curiam     
Before Justices Frost, Boyce and Sullivan    
14-09-00897-CV  Jake Hendrix v. Cheryl Bryant    
Appeal from 247th District Court of Harris County
Trial Court Judge:
Judge Bonnie Crane Hellums   



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