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Dismissed and Memorandum Opinion filed = May 31,=20 2007.

 

In The

 

Fourteenth=20 Court of Appeals

____________

 

NO. 14-06-01149-CV

____________

 

EDWARD=20 ROY NEWSOME, Appellant

 

V.

 

ST.=20 LUKES HOSPITAL, DIRECTOR, APPELLEE

 

 

On Appeal from the = 234th=20 District Court

Harris=20 County, Texas

Trial Court Cause = No. 2005-06163

 

 

M E M O R=20 A N D U M   O P I N I O N

This is an=20 attempted appeal from a judgment signed September 14, 2005.  = No=20 motion for new trial was filed.  Appellant=3Ds notice=20 of appeal was filed December 20, 2006.

The notice=20 of appeal must be filed within thirty days after the judgment is = signed=20 when appellant has not filed a timely motion for new trial, motion = to=20 modify the judgment, motion to reinstate, or request for findings = of fact=20 and conclusions of law.  See Tex. R. App. P. 26.1=20

Appellant=3Ds notice=20 of appeal was not filed timely. A motion for extension of time is=20 necessarily implied when an appellant, acting in good faith, files = a=20 notice of appeal beyond the time allowed by rule 26.1, but within = the=20 fifteen-day grace period provided by Rule 26.3 for filing a motion = for=20 extension of time.  See Verburgt v. Dorner, 959 S.W.2d = 615,=20 617-18 9 (1997) (construing the predecessor to rule 26). =20 Appellant=3Ds notice=20 of appeal was not filed within the fifteen-day period provided by = rule=20 26.3

On May 7,=20 2007, notification was transmitted to all parties of the = Court=3Ds intent=20 to dismiss the appeal for want of jurisdiction.  See = Tex. R. App. P.=20 42.3(a).   Appellant=3Ds response=20 fails to demonstrate that this Court has jurisdiction to entertain = the=20 appeal.

Accordingly,=20 the appeal is ordered dismissed.

 

PER=20 CURIAM

 

Judgment rendered = and=20 Memorandum Opinion filed May 31, 2007.

Panel consists of = Justices=20 Yates, Anderson, and=20 Frost.

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