Dismissed and Memorandum Opinion filed March 29, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00108-CV

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JESSIE PURVEY AND GWENDOLYN PURVEY, ET AL, Appellants

V.

CELEBRITY ENTERTAINMENT, INC., Appellee

On Appeal from County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 832588

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed October 17, 2006.  A timely motion for new trial was filed November 3, 2006.  Notice of appeal was filed February 5, 2007.

When an appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the judgment is signed. See Tex. R. App. P. 26.1(a).  Accordingly, the notice of appeal was due January 15, 2007.

Appellants= 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 Texas Rule of Appellate Procedure 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 9 (1997) (construing the predecessor to Rule 26).  Appellants= notice of appeal was not filed within the fifteen-day period provided by Rule 26.3

On March 12, 2007, 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).  Appellants= response does not sufficiently demonstrate that this court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 29, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.