the 413th District Court Johnson County, Texas Trial Court
Chief Justice Gray, Justice Davis, and Justice Scoggins.
February 21, 2017, appellants, Mark Servinsky, PE and
Servinsky Engineering, PLLC, filed a notice of appeal with
the Johnson County District Clerk. In their notice of appeal,
appellants indicated their desire to appeal from the trial
court's December 16, 2016 order denying their motion to
dismiss. Additionally, in their notice of appeal, appellants
indicated that the trial court's December 16, 2016 order
is an appealable, interlocutory order under section
150.002(f) of the Texas Civil Practice and Remedies Code.
See Tex. Civ. Prac. & Rem. Code Ann. §
150.002(f) (West 2011) ("An order granting or denying a
motion for dismissal is immediately appealable as an
Rule of Appellate Procedure 28.1(a) provides that
"[a]ppeals from interlocutory orders (when allowed by
statute)" are considered accelerated appeals.
Tex.R.App.P. 28.1(a). Moreover, Rule 28.1(b) states that
accelerated appeals must be perfected "by filing a
notice of appeal in compliance with Rule 25.1 within the time
allowed by Rule 26.1(b) or as extended by Rule 26.3. Filing a
motion for new trial, any other post-trial motion, or a
request for findings of fact will not extend the time to
perfect an accelerated appeal." Id. at R.
28.1(b). Rule 26.1(b), in particular, requires that, in an
accelerated appeal, the notice of appeal must be filed within
twenty days after the judgment or order is signed.
Id. at R. 26.1(b).
instant case, the trial court signed its order denying
appellants' motion to dismiss on December 16, 2016.
However, appellants did not file their notice of appeal until
February 21, 2017, which is more than sixty-five days after
the trial court's December 16, 2016 order. Thus,
appellants' notice of appeal in this matter is untimely.
In any event, on February 23, 2017, appellants filed a motion
to extend the time to file their notice of appeal pursuant to
Texas Rule of Appellate Procedure 10.5(b)(2).
timely notice of appeal is necessary to invoke this
Court's jurisdiction. See Verburgt v. Dorner,
959 S.W.2d 615, 616 (Tex. 1997). Texas Rule of Appellate
Procedure 26.3 provides that we may extend the time to file
the notice of appeal "if, within 15 days after the
deadline for filing the notice of appeal, " the party
files a notice of appeal in the trial court and a motion for
extension with this Court. Tex.R.App.P. 26.3. "Once the
period for granting a motion for extension of time under Rule
41(a)(2) [now Rule 26.3 of the Texas Rules of Appellate
Procedure] has passed, a party can no longer invoke the
appellate court's jurisdiction." Verburgt,
959 S.W.2d at 617. The last day appellants could have filed
for an extension was Friday, January 20, 2017. As noted above,
the notice of appeal was not filed until more than a month
later on February 21, 2017. Because appellants failed to file
a notice of appeal and motion for extension within fifteen
days of the last day for timely filing a notice of appeal, we
lack jurisdiction to grant an extension. See, e.g.,
Hawkins v. Malone, No. 10-15-00265-CV, 2015 Tex.App.
LEXIS 9048 (Tex. App.-Waco Aug. 27, 2015, no pet.) (mem.
op.); Dade v. Greer, No. 12-08-00014-CV, 2008
Tex.App. LEXIS 447 (Tex. App.-Tyler Jan. 23, 2008, no pet.)
(mem. op.) (per curiam); In re A.F.T., No.
13-04-00257-CV, 2006 Tex.App. LEXIS 5652 (Tex. App.-Corpus
Christi June 29, 2006, no pet.) (mem. op.); White v.
Bagley, No. 06-05-00104-CV, 2005 Tex.App. LEXIS 6835
(Tex. App.-Texarkana Aug. 23, 2005, no pet.) (mem. op.);
Rodriguez v. Round Rock Indep. Sch. Dist., No.
03-01-00108-CV, 2001 Tex.App. LEXIS 2189 (Tex. App.-Austin
Apr. 5, 2001, no pet.) (per curiam). Appellants have failed
to perfect an appeal. Accordingly, we dismiss appellant's
motion for extension of time to file the notice of appeal and
this appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a).
 In their motion for extension of time
to file their notice of appeal, appellants contend that they
did not receive notice of the trial court's order denying
their motion to dismiss until February 10, 2017. However, in
their motion, appellants incorrectly note that the thirty-day
deadline for filing a notice of appeal applied in this case.
See Tex. R. App. P. 26.1. As noted earlier, this is
an accelerated appeal, whereby the notice of appeal was due
within twenty days after the trial court signed its order.
See id. at R. 26.1(b), 28.1. Furthermore, in support
of their motion, appellants included an affidavit from Anna
B. Newton, a legal assistant for appellant's counsel. In
her affidavit, Newton states that she did not begin inquiring
about the order until January 20, 2017, which, as noted
hereinafter, was the last day that appellants could have
filed a motion for extension of time to file the notice of
Despite the foregoing, on February 28, 2017, this
Court informed appellants about the untimeliness of their
notice of appeal in light of Texas Rules of Appellate
Procedure 26.1(b) and 28.1. See Tex. R. App. P.
26.1(b), 28.1, 42.3, 44.3. We also informed appellants that
this appeal is subject to dismissal, unless appellants
provided grounds for continuing this appeal within twenty-one
days of February 28, 2017. Appellants filed a response the
 We note that a motion for extension
may be implied if a notice of appeal is filed within fifteen
days of the last day allowed for filing. See Verburgt v.
Dorner, 959 S.W.2d 615, 616-17 (Tex. 1997). However,
even if the filing of the notice of appeal on February 21,
2017 implied a motion for extension of time to file a notice
of appeal, the implied motion still would not be ...