Ali Yazdchi v. Makansam Inc. D/B/A Ideal Towing, Area 5 Vechicle Storage and the Oaks Condominium Association

• Court: Court of Appeals of Texas
• Decided: September 19, 2017
• Docket: 01-17-00579-CV
• Status: Published

Opinion

Opinion issued September 19, 2017

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-17-00579-CV ——————————— ALI YAZDCHI, Appellant V. MAKANSAM INC. D/B/A IDEAL TOWING, AREA 5 VEHICLE STORAGE AND THE OAKS CONDOMINIUM ASSOCIATION, Appellees

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1085534

MEMORANDUM OPINION

Appellant Ali Yazdchi attempts to appeal from the trial court’s judgment

signed March 27, 2017.

Generally, a notice of appeal is due within thirty days after the judgment is

signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a

motion for new trial, motion to modify the judgment, motion to reinstate, or, under

certain circumstances, a request for findings of fact and conclusions of law. See

TEX. R. APP. P. 26.1(a). The time to file a notice of appeal may also be extended

if, within 15 days after the deadline to file the notice of appeal, a party properly

files a motion for extension. See TEX. R. APP. P. 10.5(b), 26.3.

The record reflects that the trial court signed the final judgment on March

27, 2017. Appellant timely filed a motion for new trial on April 21, 2017. See

TEX. R. CIV. P. 329b(a). Therefore, appellant’s notice of appeal was due by June

25, 2017. See TEX. R. APP. P. 26.1(a).

Appellant untimely filed his notice of appeal on July 17, 2017. Without a

timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See

TEX. R. APP. P. 25.1.

On August 1, 2017, we notified appellant that his appeal was subject to

dismissal for want of jurisdiction unless, by August 15, 2017, he filed a response

showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). Appellant

has not filed a response.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 43.2(f). We dismiss any pending motions as moot.

2 PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Massengale.