Charles Ronald Wade v. Harris County

Court of Appeals of Texas

Charles Ronald Wade v. Harris County

Court of Appeals of Texas·Decided June 18, 2015·No. 01-15-00155-CV·Published

Opinion

Opinion issued June 16, 2015.

In The

Court of Appeals

For The

First District of Texas

1, 2014. Appellees have filed a motion to dismiss the appeal for want of jurisdiction. We grant appellees’ motion and dismiss the appeal.

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, within 30 days after the judgment is signed, 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 id.; TEX. R. CIV. P. 329b(a), (g). 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. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1, but within the 15-day extension period provided by Rule 26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (Tex. 1997).

Here, the trial court signed the final judgment on August 1, 2014, making the deadline for filing a notice of appeal September 1, 2014. See TEX. R. APP. P. 26.1. A motion for new trial was timely filed, extending the deadline for a notice of appeal to October 30, 2014. Id. Although the motion for new trial was not ruled upon until January 15, 2015, the deadline to file a notice of appeal was not

extended beyond October 30, 2014. See Naaman v. Grider, 126 S.W.3d 73, 74 (Tex. 2003); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233 n.1, 234 (Tex. App.— Houston [1st Dist.] 2007, no pet). The Notice of appeal was not filed until February 15, 2015. Without a timely-filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1.

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

APP. P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

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Opinion issued June 16, 2015.

In The

Court of Appeals

For The

First District of Texas

1, 2014. Appellees have filed a motion to dismiss the appeal for want of jurisdiction. We grant appellees’ motion and dismiss the appeal.

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, within 30 days after the judgment is signed, 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 id.; TEX. R. CIV. P. 329b(a), (g). 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. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1, but within the 15-day extension period provided by Rule 26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (Tex. 1997).

Here, the trial court signed the final judgment on August 1, 2014, making the deadline for filing a notice of appeal September 1, 2014. See TEX. R. APP. P. 26.1. A motion for new trial was timely filed, extending the deadline for a notice of appeal to October 30, 2014. Id. Although the motion for new trial was not ruled upon until January 15, 2015, the deadline to file a notice of appeal was not

extended beyond October 30, 2014. See Naaman v. Grider, 126 S.W.3d 73, 74 (Tex. 2003); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233 n.1, 234 (Tex. App.— Houston [1st Dist.] 2007, no pet). The Notice of appeal was not filed until February 15, 2015. Without a timely-filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1.

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

APP. P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

Charles Ronald Wade v. Harris County, (Tex. Ct. App. 2015).

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