Court of Civil Appeals of Texas, 2023

Shirley Lyons v. Houston Independent School District and Commissioner of Education

Shirley Lyons v. Houston Independent School District and Commissioner of Education
Court of Civil Appeals of Texas · Decided January 26, 2023

Shirley Lyons v. Houston Independent School District and Commissioner of Education

Opinion

Dismissed and Memorandum Opinion filed January 26, 2023.

In The Fourteenth Court of Appeals NO. 14-22-00846-CV SHIRLEY LYONS, Appellant V. HOUSTON INDEPENDENT SCHOOL DISTRICT AND COMMISSIONER OF EDUCATION, Appellee On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2020-09417 MEMORANDUM OPINION This is an attempted appeal from an order signed September 14, 2022.

Appellant filed a motion for new trial on October 17, 2022. A motion for new trial must be filed within thirty days after the judgment or order is signed. Tex. R. Civ. P. 329b(a). Because appellant’s motion was untimely, it did not operate to extend the deadline for filing a notice of appeal. See Tex. R. App. P 26.1(a). Appellant filed her notice of appeal on November 15, 2022. The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely post-judgment motion. See Tex. R. App. P. 26.1 Appellant’s notice of appeal was not filed timely. A motion to extend 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 15-day grace period provided by Rule 26.3 for filing a motion to extend time.

See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the predecessor to Rule 26). Appellant’s notice of appeal was not filed within the 15- day period provided by Texas Rule of Appellate Procedure 26.3.

On December 22, 2022, notification was transmitted to all parties the appeal was subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant’s response concedes that this court does not have jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.

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