Benjamin Elias v. Linda DeLeon

• Court: Court of Appeals of Texas
• Decided: September 19, 2007
• Docket: 12-07-00310-CV
• Status: Published

Opinion

OPINION HEADING PER CUR

                NO. 12-07-00310-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BENJAMIN ELIAS, §          APPEAL FROM THE 87TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

LINDA DELEON, ET AL.,

APPELLEES            §          ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This accelerated interlocutory appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a).  The trial court’s judgment was signed on June 14, 2007.  In an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment is signed.  Tex. R. App. P. 26.1(b).  Filing a motion for new trial will not extend this time period.  Tex. R. App. P. 28.1.  Appellant’s notice of appeal was due to have been filed on or before July 5, 2007.  However, Appellant did not file his notice of appeal until August 22, 2007.  Because the notice of appeal was not filed on or before July 5, 2007, the notice was untimely filed and this court has no jurisdiction to consider the appeal.

            On September 4, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely.  Appellant was further informed that unless the record was amended on or before September 14, 2007 to establish the jurisdiction of this court, the appeal would be dismissed.  In response to our September 4, 2007 notice, Appellant cites Texas Rule of Appellate Procedure 26.1(a)(1) and points out that he filed a motion for new trial.  He also states that the appealed order does not indicate that “anything other than the ordinary procedures for civil appeals would apply to this cause.”  Finally, he asserts that he filed his notice of appeal in a bona fide attempt to invoke this court’s jurisdiction and asks that we exercise jurisdiction over the appeal. 

            As explained above, Rule 28.1 governs the time for filing a notice of appeal in an interlocutory appeal, and a motion for new trial does not extend that time period.  We know of nothing that imposes a duty on trial courts to inform appealing parties which specific rules of appellate procedure govern their appeal.  This court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3.  Accordingly, the appeal is dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

Opinion delivered September 19, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)