Anthony Sewell v. Angela Sewell

• Court: Court of Appeals of Texas
• Decided: January 12, 2023
• Docket: 02-22-00486-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00486-CV ___________________________

ANTHONY SEWELL, Appellant

V.

ANGELA SEWELL, Appellee

On Appeal from the 481st District Court Denton County, Texas Trial Court No. 21-8447-16

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

In this divorce action, the trial court signed its final decree of divorce on

August 11, 2022. Appellant Anthony Sewell filed his motion for new trial on

September 12, 2022, thus extending his deadline for filing a notice of appeal to

November 9, 2022. See Tex. R. App. P. 26.1(a)(1) (requiring after the filing of motion

for new trial that notice of appeal be filed within ninety days after the judgment is

signed). Although the motion was overruled by operation of law on October 25,

2022, see Tex. R. Civ. P. 329b(c), on November 9, 2022, the trial court signed an order

denying Sewell’s motion for new trial. Sewell then filed his notice of appeal on

December 9, 2022.

On December 12, 2022, we informed Sewell of our concern that we lacked

jurisdiction over his appeal because his notice of appeal was not timely filed. We

further informed him that, unless he or any party desiring to continue the appeal filed

on or before December 22, 2022, a response showing grounds for continuing this

appeal, it might be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). We

received no such response.

After the timely filing of a motion for new trial, Appellate courts have

jurisdiction to consider an appeal only if the notice of appeal was filed within ninety

days of the final judgment. Tex. R. App. P. 26.1(a)(1). An order denying a motion for

new trial does not extend this deadline. Naaman v. Grider, 126 S.W.3d 73, 74 (Tex.

2003).

2 Because Sewell’s notice of appeal was filed 120 days after the trial court’s final

divorce decree, he did not timely perfect his appeal. Thus, we must dismiss his appeal

for want of jurisdiction. See id.; see also Tex. R. App. P. 26.(1)(a), 42.3(a), 43.2(f).

/s/ Brian Walker

Brian Walker Justice

Delivered: January 12, 2023