Opinion
NO. 14-21-00135-CV
04-06-2021
JAMAL RAFIQUE M.D., Appellant v. LISA LENTS, Appellee
On Appeal from the 151st District Court Harris County, Texas
Trial Court Cause No. 2019-89860
MEMORANDUM OPINION
This is an attempted appeal from an interlocutory order signed February 1, 2021. Appellant's notice of appeal was filed March 10, 2021. The notice of appeal must be filed within 20 days after the judgment or order is signed in an accelerated interlocutory appeal. See Tex. R. App. P. 26.1(b).
Appellant's notice of appeal was not timely filed. 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 Texas Rule of Appellate Procedure 26.1, but within the 15-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 (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 March 11, 2021, appellant filed a motion to extend time to file his notice of appeal citing delays caused by Winter Storm Uri and COVID-19. Appellant argues the 36th Emergency Order issued by the Texas Supreme Court should allow for a larger grace period in which he may file his appeal. However, this court has held that the Emergency Orders do not expand our jurisdiction. Perez-Negron v. Davis, No. 14-20-00232-CV, 2020 WL 4012183, at *1 (Tex. App.—Houston [14th Dist.] July 16, 2020, no pet.) (per curiam) (mem. op.). The grace-period for timely filing his notice of appeal expired on March 8, 2021. Appellant's motion is denied.
Appellant filed two identical motions on March 11, 2021. The second motion is denied as moot. --------
Accordingly, we dismiss the appeal.
PER CURIAM Panel consists of Justices Jewell, Bourliot, and Hassan.