Darnell Joseph v. Altman Specialty Plants, LLC

Dismissed and Memorandum Opinion filed September 19, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00532-CV

DARNELL JOSEPH, Appellant
V.
ALTMAN SPECIALTY PLANTS, LLC, Appellee

On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2021-74539

MEMORANDUM OPINION

Appellant filed a notice of appeal on July 22, 2024 indicating that appellant
was attempting to appeal a June 24, 2024 order denying appellant’s motion for
reconsideration. An order denying a motion for reconsideration or motion for new
trial is not independently appealable. See Digges v. Knowledge Alliance, Inc., 176
S.W.3d 463, 464 (Tex. App.—Houston [1st Dist.] 2004, no pet.). The final
appealable judgment in this case is the trial court’s order granting summary
judgment signed September 20, 2023. Appellant filed an untimely motion for
reconsideration on October 23, 2023, which was denied June 24, 2024. Appellant’s
notice of appeal was filed July 22, 2024.

The notice of appeal must be filed within 30 days after the judgment is
signed when appellant has not filed a timely post-judgment motion. See Tex. R.
App. P. 26.1. Appellant’s notice of appeal was not filed timely. A motion to extend
time is necessarily implied when an appellant, acting in good faith, files a notice of
appeal beyond the time allowed by Texas Rule of Appellate Procedure 26.1, but
within the 15-day grace period provided by Rule 26.3 for filing a motion to extend
time. See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the
predecessor to Rule 26). Appellant’s notice of appeal was not filed within the 15-
day period provided by Texas Rule of Appellate Procedure 26.3.

On August 27, 2024, this court transmitted notification to all parties that the
appeal was subject to dismissal without further notice for want of jurisdiction. See
Tex. R. App. P. 42.3(a). Appellant’s response fails to demonstrate that this court
has jurisdiction to entertain the appeal.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.

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