Dismissed and Memorandum Opinion filed March 26, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00095-CV

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WAYNE ERNEST BARKER, Appellant

V.

THERESA CHANG, ET AL, Appellees

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2008-14490

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 April 14, 2008.  No motion for new trial was filed.  Appellant=s notice of appeal was filed January 12, 2009.

The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not 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.  See Tex. R. App. P. 26.1

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).  However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner.  See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt, 959 S.W.2d at 617-18.  Appellant=s notice of appeal was not filed within the fifteen-day period provided by Rule 26.3.

On March 4, 2009, 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.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.