Jose Rosales and Sabrina Rosales v. Jeffrey Gallagher and Susan Gallagher

DISMISS; Opinion Filed November 13, 2012.

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No. 05-12-OI059

7 -C

JOSE ROSALES AND SABRINA ROSALES, Appellants

V.

JEFFREY GALLAGhER AND SUSAN GALLAGHER, Appellees

On Appeal from the 380th Judicial District Court Collin County, Texas

Trial Court Cause No. 380-02266-2011

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, and Myers Opinion By Justice Moseley

Our jurisdiction is fundamental and, subject to a few mostly statutory exceptions, invoked only upon the timely filing of a notice of appeal from a final judgment. TEX. R. App. . 25.1(b), 26.1; Lehmann i’. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); K& Sinterests, Inc. v. Tex. Am. Bank/Dallas, 749 S.W.2d 887, 890 (Tex .App.—--Dallas 1988, writ denied). The judgment Jose and Sabrina Rosales challenge in this appeal was signed April 27, 2012. The Rosaleses timely filed a motion for new trial, making their notice of appeal due July 26, 2012. or with an extension motion, August 10, 2012. See TEX. R. App. P.26.1(a), 26.3. The notice of appeal was filed July 31, 2012, hut without an extension motion.

Because a motion for extension of time is necessarily implied when an appellant acting in good faith flies a notice ofappeal within fifteen days ofthe date it is due. we directed the Rosaleses, by letter dated October 12. 2012. to file an extension motion that complied with rule of appellate procedure 10.5(b). See T€x. R. APP. P. i 0.5(b), 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615,617 (1997). We directed the Rosaleses to file the motion by October 22.2012 and cautioned them that the appeal would be dismissed without further notice if they filled to comply. See Id. 42.3(a). To date, the Rosaleses have not filed an extension motion or otherwise communicated with the Court.

Accordingly, we dismiss the appeal. See Id.

121059F.P05

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JUDGMENT

JOSE ROSALES AND SAI3RINA Appeal from the 30th Judicial District Court ROSALES, Appellants of Collin County. Texas. (Tr.Ct.No. 380- 02266-2011).

No. 05-1 2-01 059-CV Opinion delivered by Justice Moseley. Justices Fillmore and Myers participating. ILFFRI (i&LLAGHER AND SuSAN

GALLAGHER, Appellees

In accordance with this Court’s opinion of this date, we DISMiSS the appeal. We ORDER that appellees Jeffrey Gallagher and Susan Gallagher recover their costs, if any. of this appeal from appellants Jose Rosales and Sabrina Rosales.

Judgment cntcrLd Novcmhei 1 3 2012 / / / / II I / i/•!j/i 1/ / / J /L’ JIM MOSELtY

JUSTICE