Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc. AMR Employee No. 230/EMTP Attendant D. Stevens and AMR Employee No. 139/EMTP Unknown Driver

Court of Appeals of Texas

Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc. AMR Employee No. 230/EMTP Attendant D. Stevens and AMR Employee No. 139/EMTP Unknown Driver

Court of Appeals of Texas·Decided November 6, 2013·No. 03-13-00631-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00631-CV

Billy Caffey, Individually and as Personal Representative of the Estate of Brain W. Caffey, Appellant

v.

American Medical Response of Texas, Inc.; AMR Employee No. 230/EMTP Attendant D. Stevens; and AMR Employee No. 139/EMTP Unknown Driver, Appellees

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CV35,213, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant filed a notice of appeal on August 1, 2013. He has attempted to appeal from a judgment signed on April 15, 2013. Because appellant filed a motion for new trial on May 15, 2013, the deadline for filing his notice of appeal was July 15, 2013. See Tex. R. App. P. 26.1(a) (notice of appeal must be filed within 90 days after judgment signed when motion for new trial timely filed). The deadline for filing a motion for extension of time to file his notice of appeal was July 30, 2013. See Tex. R. App. P. 26.3 (allowing 15-day extension of notice of appeal deadline).

On October 9, 2013, we sent a letter to appellant stating our concern that we lacked jurisdiction over this appeal because the notice of appeal was not timely filed. See Tex. R. App. P. 25.1(b), 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant responded to

our letter, asking for this Court to grant an “out of time” appeal. The time for filing a notice of appeal, however, is jurisdictional and, absent a timely filed notice of appeal or extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.3; Verburgt, 959 S.W.2d at 617. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Melissa Goodwin, Justice

Before Justices Puryear, Rose, and Goodwin Dismissed for Want of Jurisdiction Filed: November 6, 2013

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00631-CV

Billy Caffey, Individually and as Personal Representative of the Estate of Brain W. Caffey, Appellant

v.

American Medical Response of Texas, Inc.; AMR Employee No. 230/EMTP Attendant D. Stevens; and AMR Employee No. 139/EMTP Unknown Driver, Appellees

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CV35,213, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant filed a notice of appeal on August 1, 2013. He has attempted to appeal from a judgment signed on April 15, 2013. Because appellant filed a motion for new trial on May 15, 2013, the deadline for filing his notice of appeal was July 15, 2013. See Tex. R. App. P. 26.1(a) (notice of appeal must be filed within 90 days after judgment signed when motion for new trial timely filed). The deadline for filing a motion for extension of time to file his notice of appeal was July 30, 2013. See Tex. R. App. P. 26.3 (allowing 15-day extension of notice of appeal deadline).

On October 9, 2013, we sent a letter to appellant stating our concern that we lacked jurisdiction over this appeal because the notice of appeal was not timely filed. See Tex. R. App. P. 25.1(b), 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant responded to

our letter, asking for this Court to grant an “out of time” appeal. The time for filing a notice of appeal, however, is jurisdictional and, absent a timely filed notice of appeal or extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.3; Verburgt, 959 S.W.2d at 617. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Melissa Goodwin, Justice

Before Justices Puryear, Rose, and Goodwin Dismissed for Want of Jurisdiction Filed: November 6, 2013

Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc. AMR Employee No. 230/EMTP Attendant D. Stevens and AMR Employee No. 139/EMTP Unknown Driver, (Tex. Ct. App. 2013).

Pincite

Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc. AMR Employee No. 230/EMTP Attendant D. Stevens and AMR Employee No. 139/EMTP Unknown Driver (Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc. AMR Employee No. 230/EMTP Attendant D. Stevens and AMR Employee No. 139/EMTP Unknown Driver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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