Wonisha Tatum v. Daphne Noble — Memorandum Opinion Per Curiam

Motion Granted; Appeal Dismissed and Memorandum Opinion filed October
22, 2026.
In The
Fourteenth Court of Appeals
NO. 14-26-00747-CV
WONISHA TATUM, Appellant
V.
DAPHNE NOBLE, Appellee
On Appeal from the 280th District Court
Harris County, Texas
Trial Court Cause No. 2024-34111
MEMORANDUM OPINION
This is an attempted appeal from an order signed June 26, 2024. On July 23,
2026, appellant filed her notice of appeal. According to the record, on July 22,
2026, appellant filed a notice stating that she did not receive actual notice of the
final order. On October 5, 2026, appellee filed a motion to dismiss. On October 6,
2026, appellant filed a response to appellee’s motion to dismiss. Appellee’s motion
to dismiss is granted.

2
Texas Rule of Civil Procedure 306a governs the time periods that run from
signing an order or judgment. If within 20 days after the judgment or other
appealable order is signed, a party adversely affected by it or her attorney has
neither received notice required nor acquired actual knowledge of the order then
the period to vacate, modify, correct, or reform the judgment shall begin on the
date the party or her attorney received notices or acquired actual knowledge of the
signing. See Tex. R. Civ. P. 306a(4). However, Texas Rules of Civil Procedure
306a(4) states that in no event shall that period begin more than 90 days after the
original judgment or appealable order was signed. Id. Appellant claims she
received notice more than 90 days after the order was signed.
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. 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.
Accordingly, we grant appellee’s motion and dismiss the appeal. All other
pending motions are dismissed.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Bridges and Boatman.