Amir Zakirali, Individually and D/B/A Limetree Restaurant v. Sysco Corporation

• Court: Court of Appeals of Texas
• Decided: November 16, 2023
• Docket: 10-23-00242-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00242-CV

AMIR ZAKIRALI, INDIVIDUALLY AND D/B/A LIMETREE RESTAURANT, Appellants v.

SYSCO CORPORATION, Appellee

From the County Court at Law No. 3 McLennan County, Texas Trial Court No. 20230273CV3

MEMORANDUM OPINION

Appellants, Amir Zakirali, individually and d/b/a Limetree Restaurant, attempt to

appeal from a default judgment rendered in favor of Appellee Sysco Corporation in

Appellee's suit for breach of contract. We conclude we lack jurisdiction and dismiss the

appeal. The default judgment was signed on July 11, 2023. Appellants filed a pro se notice

of appeal in the trial court on August 11, 2023. Because it appeared the notice of appeal

was untimely, the Clerk of this Court notified Appellants that this cause was subject to

dismissal for want of jurisdiction. See TEX. R. APP. P. 44.3. The Clerk warned that the

appeal would be dismissed unless, within twenty-one days, Appellants filed a response

showing a reasonable explanation for the late filing of the notice of appeal. Additionally,

the Clerk notified Appellants that the failure to respond to the Clerk's notice is an

independent basis upon which the appeal can be dismissed, and, if no response

addressing this issue is received within twenty-one days, this case will be dismissed

without further notice. See TEX. R. APP. P. 42.3(c).

The notice of appeal was required to be filed within thirty days from the date the

judgment was signed. Id. R. 26.1. A motion for extension of time is implied when an

appellant acting in good faith files a notice of appeal within the next fifteen days after the

notice of appeal is due. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, the

appellant must provide a reasonable explanation for the late filing of the notice of appeal.

TEX. R. APP. P. 10.5(b)(2). More than twenty-one days have passed, and Appellants have

not responded to the Clerk's notice. The time for filing a notice of appeal is jurisdictional

in this Court, and absent a timely filed notice of appeal or a timely filed motion for

extension, we must dismiss the appeal. TEX. R. APP. P. 25.1(b); 26.1; 26.3.

Accordingly, we dismiss this appeal for want of jurisdiction. Id. R. 42.3.

Zakirali v. Sysco Corp. Page 2 STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed November 16, 2023 [CV06]

Zakirali v. Sysco Corp. Page 3