Aleksandr Borisov v. Neil S. Levin

• Court: Court of Appeals of Texas
• Decided: April 15, 2010
• Docket: 14-10-00190-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 15, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00190-CV

ALEKSANDR BORISOV, Appellant

V.

NEIL S. LEVIN, Appellee

On Appeal from the County Civil Court at Law No. Three

Harris County, Texas

Trial Court Cause No. 887929

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a final summary judgment signed February 17, 2009.  Appellant filed a timely motion for new trial.  When an appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law, the notice of appeal must be filed within ninety days after the date the judgment is signed.  See Tex. R. App. P. 26.1(a).  Appellant’s notice of appeal was due on or before May 18, 2009, but he did not file it until February 22, 2010.  Therefore, the notice of appeal, filed over one year after the trial court signed a final judgment, was not timely.

.On March 26, 2010, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a). Appellant’s response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.