### NUMBER 13 - 16 - 00 063 - CV 

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

___________________________________________________________ JASON OMAR MORENO , A ppellant ,
v. CREGG C. THOMPSON, H IDALGO COUNTY ASSISTANT DISTRICT ATTORNEY , A ppellee
.

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On a ppeal from the 92nd District Court of Hidalgo County, Texas.

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## MEMORANDUM OPINION
Before Justi ces Benavides , Perkes, and Longoria Memorandum Opinion Per Curiam Appellant, Jason Omar Moreno , attempted to perfect an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C

- 1912

- 15

- A . Judgment in this cause was signed on December 17, 2015

. No motion for new trial was filed.2

Texas Rule of Appellat e Procedure 26. 1 provides that an appeal is perfected when 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 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 fa ith, files a notice of appeal beyond the time allowed by rule 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 predece ssor 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 56 5, 567 (Tex. App. B Waco 2002, no pet.). Pursuant to Texas Rule of Appellate Procedure 26.1, appellant ’s notice of appeal was due on January 18, 2016 1 , but was not filed until January 25, 2016

. On January 27, 2016 , the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. Appellant w as advised that, if the defect was not corrected within ten days from the date of receipt of this Court ’ s letter, the appeal would be dismissed. Appellant filed a motion for extension of time to cure the defect. The Court granted appellant’s request, extending the time to cure the defect until April 8,

1 Because the thirtieth day fell on a Saturday , appellant s had until the following Monday, January 18, 2016 to file the notice of appeal

. See T EX

. R. A PP

. P

. 4.1.3

2016. To date, no response has been received from appellant providing a reasonable explanation for the late filing of the notice of appeal. The Court, having examined and fully considered the documents on file, appellant = s failure to timely perfect his appeal, and appellant = s failure to respond to this Court = s notice, is of the opinion that the appe al should be dismissed for want of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See T EX

. R. A PP

. P . 42.3(a)(c). Any pending motions are likewise DISMISSED FOR WANT OF JURISDICTION

. PER CURIAM D elivered and filed the 26t h day of May , 20 16

.