Opinion issued May 10, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00484-CV

____________

CLAUDE ELDRIDGE, IV, INDIVIDUALLY, AND D/B/A PRO MASTERS COLLISION, Appellant

V.

PPG INDUSTRIES, INC. D/B/A PPG AUTOMOTIVE REFINISH, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2010-43925

MEMORANDUM OPINION

Appellant, Claude Eldridge, IV, Individually, and d/b/a Pro Masters Collision, attempts to appeal from the trial court’s judgment signed December 14, 2010.  We dismiss for lack of jurisdiction.

Generally, a notice of appeal is due within thirty days after the judgment is signed.  See Tex. R. App. P. 26.1(a).  The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. Id.  We may extend the time to file the notice of appeal if, within 15 days after the deadline to file the notice of appeal, the party properly files a motion for extension.  See Tex. R. App. P. 10.5(b), 26.3.  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 15-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, 617–18 (Tex. 1997).

Because the trial court signed the final judgment on December 14, 2010, appellant’s notice of appeal was due by January 13, 2011.  See Tex. R. App. P. 26.1(a).  Appellant did not file a notice of appeal until June 1, 2011.  Appellant’s notice of appeal was untimely filed.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

The Court notified appellant that his appeal was subject to dismissal for want of jurisdiction unless he filed a response showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).  Appellant did not respond.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Justices Bland, Massengale, and Brown.