Opinion issued December 6, 2016

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 1 6 - 00 441 - CV

——————————— FJR SAND, INC. , Appellant

V. ESSEX INSURANCE COMPANY , Appellee
On Appeal from the County Civil Court at Law No. 2

Harris County, Texas Trial Court Ca se No. 1 0 6 2 004

MEMORANDUM OPINION Appellant, FJR Sand, Inc. , attempts to bring a restricted appeal from a final default judgment , signed on November 10 , 201 5
. We dismiss the appeal.2

Generally, a notice of restricted appeal must be filed within six months after the judgment is signed. See T EX . R. A PP . P. 26.1 (c) ; see also Roventini v. Ocular Scis., Inc. , 111 S.W.3d 719, 721 (Tex. App.

— Houston [1st Dist.] 2003, no pet.) (stating elements necessary for restricted appeal are (1) notice of restricted appeal must be filed within six months after judgment is signed , (2) by party to lawsuit , (3) who did not participate in hearing th at resulted in judgment or file timely postjudgment motion or request for findings of fact and conclusions of law , and (4) face of record must disclose claimed error )
. The time to file the notice of appeal may be extended if, within fifteen 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 ; see also Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997) (holding motion for extension of time is implied when appellant, acting in good faith, files notice of appeal beyond r ule 26.1 deadline but within r ule 26.3 fifteen

- day extension period ) ; Wray v. Papp , 434 S.W.3d 297, 299 (Tex. App.

— San Antonio 2014, no pet.) (disc ussing extension of time to file notice of restricted appeal) (citations omitted)
. Here, the trial court signed the final default judgment on November 10 , 201 5
. Appellant’s notice of appeal , therefore, was due by May 11 , 201 6 , or by May 26 , 201 6 , with a fifteen

- day extension
. See T EX . R. A PP . P. 26.1( c ), 26.3; Verburgt , 959 S.W.2d at 617 ; see also Clopton v. Pak , 66 S.W.3d 513, 515

– 16 (Tex. App.

— Fort Worth 2001, pet. denied) (concluding , under Texas Rule of Appellate Procedure3

4.1(a) , day order was signed was not included in calculating the deadline for notice of appeal )
. Appellant filed the notice of appeal on May 27 , 201 6
. On September 8 , 201 6 , we notified appellant that the appeal was subject to dismissal for want of jurisdiction unless , by September 22, 2016, appellant filed a written response showing how this Court has jurisdiction over this appeal. See T EX . R. A PP . P. 42.3(a). Appellant has not adequately responded. Appel lant ’s notice of appeal, filed on May 27 , 201 6 , was untimely
. Further, appellant did not file a timely motion for an extension of time to file the notice of appeal, and a motion cannot be implied because appellant filed the notice of appeal beyond the fift een - day extension period. See Naaman v. Grider , 126 S.W. 3 d 73, 74 (Tex. 2003) (citing T EX . R. A PP . P. 26.3; Verburgt , 959 S.W.2d at 615). Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See T EX . R. A PP . P. 25.1 (b) ; s ee also Cartmill v. Cartmill , No. 14

- 06

- 00583

- CV, 2006 WL 2164721, at *1 (Tex. App.

— Houston [14th Dist.] Aug. 3, 2006, pet. denied) (mem. op.) (citations omitted) (“ Once the fifteen

- day extension period for filing a notice of appeal has passed without filing a notice of appeal, a party can no longer invoke the appellate court's jurisdiction. ”). W e , therefore, dismiss the appeal for want of jurisdiction. See T EX . R. A PP . P. 42.3( a), 43.2(f) ; see also Hoge v. Griffin , No. 14

- 03

- 00062

- CV, 2003 WL 359157, a t *1 (Tex. App.

— Houston [14th Dist.] Feb. 20, 2003, no pet.) (mem. op.) (dismissing appeal b ecause notice of appeal that was not4

filed within six months of dismissal order was untimely)
. We dismiss a ny pending motions as moot. PER CURIAM Panel consists of Justices Keyes , Higley , and Lloyd
.