### NUMBER 13 - 1 9 - 00 344 - CV 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ TRINITY SCRAP PROCES SORS, INC. D/B/A PORT OF BROWNS VILLE RECYCLING AND INTERCOASTAL SAL VAGE, INC

. , A ppellants ,
v. BROWSVILLE NAVIGATIO N DISTRICT OF CAMERON COUNTY, T EXAS , A ppellee

.

____________________________________________________________

On a ppeal from the 138 th District Court of Cameron County, Texas.

____________________________________________________________



## MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Perkes Memorandum Opinion by Justice Benavides Appellant s , Trinity Scrap Processors, Inc. d/b/a Port of Brownsville Recycling and Intercoastal Salvage, Inc. , attempted to perfect an appeal from a judgment entered by the2

138 th Distric t Court of Cameron County, Texas, in cause number 2019

- DCL

- 00037

. We dismiss for want of jurisdiction. Judgment in this cause was signed on March 25, 2019

. A motion for new trial

was timely filed

. Appellant s filed a notice of appeal on July 3 , 2019

. On July 15, 2019 , the Clerk of this Court notified appellant s that it appeared that the appeal was not timely perfected. Appellant s were advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court ’ s directive. To date, no response has been received from appellant s

. Appell ee has filed a motion to dismiss the appeal. Texas Rule of Appellate Procedure 26. 1 provides that an appeal is perfected whe n notice of appeal is filed within thirty days after the judgment is signed, unless a motion for new trial is timely filed

. T EX

. R. A PP

. P . 26. 1 (a)(1). Where a timely motion for new trial or motion to reinstate has been filed, notice of appeal shall be filed within ninety days after the judgment is signed

. T EX

. R. A PP

. P . 26. 1 (a). 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 R ule 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, 619 (1997) (construing the predecessor to Rule 26). However, appellant must provide a reasonable explanation for the late filing: it is not enough to simply file a notice of appeal. Id. ; Woodard v. Higgins , 140 S.W.3d 462, 462 (Tex. App.

– Amarillo 2004, no pet.); In re B.G. , 104 S.W.3d 565, 567 (Tex. App

. – Wa co 2002, no pet.).3

Pursuant to Texas Rule of Appellate Procedure 26.1, appellants ’ notice of appeal was due on June 24, 2019 , but was not filed un til July 3 , 2019

. The record does not reflect that appellant filed a motion for extension of time under Texas Rule of Appellate Procedure 26.3. See id . at R. 26.3; see also Houser v. McElveen , 243 S.W.3d 646, 646

- 47 (Tex. 2008) (stating that a notice of appeal should be considered timely if filed within fifteen days after the filing deadline and accompanied by a motion for extension of time with a reasonable explanation for the delay). The C ourt, having examined and fully considered the documents on file and appellants ’ failure to timely perfect their appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, appellee’s motion to dismiss is GRANTED a nd the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See
T EX

. R. A PP

. P . 42.3(a).

GINA M. BENAVIDES , Justice
D elivered and filed the 1st day of August , 20 1 9

.