Citibank N.A. as Trustee for NRZ Pass-Through Trust VI and Newrez LLC F/K/A New Penn Financial LLP D/B/A Shellpoint Mortgage Servicing v. Pechua, Inc.

• Court: Court of Appeals of Texas
• Decided: April 9, 2019
• Docket: 14-19-00182-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 9, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00182-CV

CITIBANK N.A., AS TRUSTEE FOR NRZ PASS-THROUGH TRUST VI AND NEWREZ LLC FKA NEW PENN FINANCIAL LLP DBA SHELLPOINT MORTGAGE SERVICING, Appellant

V.

PECHUA, INC., Appellee

On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2016-83417

MEMORANDUM OPINION

On March 5, 2019, the district clerk sent our court notice that a notice of appeal was filed in this case on March 1, 2019. However, record shows that the district clerk is mistaken. The record shows that appellant Citibank, N.A. did not file a notice of appeal, but a motion for interlocutory appeal, asking the trial court for an order granting it permission to appeal an interlocutory judgment, which apparently the district clerk misconstrued as a notice of appeal.

For our court to have jurisdiction of a petition for permission to appeal an interlocutory order under Rule 28.2 of the Texas Rules of Appellate Procedure, an appellant must file a notice of appeal no later than the 20th day after the date the trial court signs a written order granting permission to appeal. See Tex. R. App. P. 28.3.

Because the record does not show that appellant has filed a notice of appeal, we DISMISS this case for want of jurisdiction. See Matter of R.A., 465 S.W.3d 728, 740 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (mem.op.) (because no notice of appeal has been filed from the order, appellate court lacks jurisdiction).

PER CURIAM

Panel Consists of Justices Wise, Zimmerer, and Spain.