Tiffiny Kroontje v. Sterling Jewelers, Inc., D/B/A Kay Jewelers--Appeal from County Court at Law No 5 of Bexar County

MEMORANDUM OPINION
No. 04-08-00229-CV
Tiffany J. KROONTJE,
Appellant
v.
STERLING JEWELERS, INC. D/B/A KAY JEWELERS,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 335023
Honorable H. Paul Canales, Judge Presiding

PER CURIAM

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: May 21, 2008

 

DISMISSED FOR WANT OF JURISDICTION

The trial court signed a final judgment on January 25, 2008. Because appellant did not timely file a motion for new trial, appellant's notice of appeal was due to be filed no later than February 25, 2008. See Tex. R. App. P. 26.1. The notice of appeal was not filed until February 28, 2008, and no motion for extension of time was filed. See Tex. R. App. P. 26.3.

On April 23, 2008, we issued an order requiring appellant to file, on or before May 5, 2008, a response showing cause why this appeal should not be dismissed for want of jurisdiction and advising appellant the appeal would be dismissed if she failed to satisfactorily respond within the time provided. See Tex. R. App. P. 42.3. We noted in our order that a motion for extension of time may be implied when an appellant, acting in good faith, 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, provided appellant offers a reasonable explanation for failing to file the notice of appeal timely. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997); Tex. R. App. P. 26.3, 10.5(b)(1)(C).

Appellant has not filed a response to our order. Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM