Opinion issued May 6, 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 13 - 00719 - CV

——————————— DECARLOS GARRETT , Appellant

V. RHONDA E. LERIBEUS A ND CHARLES W. LERIBEUS , Appellee s

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Ca se No. 18903
MEMORANDUM OPINION Appellant , DeCarlos Garrett, attempts to appeal from the trial court’ s judgment signed February 25, 2004. We dismiss the appeal. Generally, a notice of appeal is due within thirty days after the judgment is signed
. See T EX . R. A PP . P. 26.1. The deadline to file a notice of appeal is2

extended to 90 days after the date the judgment is signed if, within 30 days af ter the judgment is signed, any party 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 .; T EX . R. C IV . P. 329b(a), (g). The time to file a notice of appeal may also be extended if, within 15 days after the deadline to file the notice of appeal, a party properly files a motion for extension. See T EX . R. A PP . 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 T EX . R. A PP . P. 26.1, 26.3; Verburgt v. Dorner , 959 S.W.2d 615, 617

– 18 (Tex. 1997). Here, the trial court signed the final judgment on February 25, 2004. Comfort Inn, a party to the judgment below but not to this appeal, timely filed a motion for new trial on March 19, 2004 and a notice of appeal on May 24, 2004
. 1 See T EX . R. A PP . P. 26.1(a)(1); T EX . R. C IV . P. 329b. Therefore, Garrett’s notice of appeal was due by June 7 , 2004
. See T EX . R. A PP . P. 25.1(c), 26.1 (a) , (d)
. Garrett untimely filed his notice of appeal on August 20, 2013
. Without a timely filed notice of appeal, thi s Court lacks jurisdiction over the appeal
. See

1 Appellant was not a party to the appeal filed by Comfort Inn. See Jai Jalaram Lodging Grp., L.L.C. v. Leribeus , 225 S.W.3d 238, 241 (Tex. App.

— El Paso 2006) (“Beerien Crouch and DeCarlos Garrett were later added as defe ndants to the suit, but are not parties on appeal.”).3

T EX . R. A PP . P. 25.1 ; see also Guerrero v. Mem’l Turkey Creek, Ltd. , No. 01

- 09

- 00237

- CV, 2011 WL 3820841, at * 2 (Tex. App.

— Houston [1st Dist.] Aug. 25, 2011, no pet.) ( dismissing attempted appeal by party who failed to timely file notice of appeal, despite co

- appellant’s notice of appeal ); Thomas v. Thomas , 917 S.W.2d 425, 431 (Tex. App.

— Waco 1996, no writ) (“However, we do not have jurisdiction over a co

- appellant who files a separate late bond that does n ot amend a prior timely appeal bond.”); Ramirez v. Pecan Deluxe Candy Co. , 839 S.W.2d 101, 104 (Tex. App.

— Dallas 1992, writ denied) (“The appellate court has no jurisdiction over attempted appeals by co

- appellants who have not timely filed a bond.”)
. On Fe bruary 5, 2014 , we notified Garrett that his appeal was subject to dismissal for want of jurisdiction unless, by February 1 8 , 2013 , he filed a response showing grounds for continuing the appeal. See T EX . R. A PP . P. 42.3(a). Garrett failed to file an adequate response
. Accordingly, we dismiss the appeal for want of jurisdiction. See T EX . R. A PP . P. 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Massengale and Huddle.