Dufek Massif Hospital Corporation and Edward T. Laborde, Jr. v. SHC Services, Inc., D/B/A Supplemental Health Care

Opinion

DISMISS and Opinion Filed December 9, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01238-CV

DUFEK MASSIF HOSPITAL CORPORATION D/B/A UNIVERSITY GENERAL HOSPITAL AND EDWARD T. LABORDE, Appellants V. SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE, Appellee

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-01940

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Before the Court is appellants’ October 9, 2015 motion for an extension of time to file a

notice of appeal, appellee’s response and supplemental response, and appellant’s reply to the

response. Where a party files a timely motion for new trial, a notice of appeal is due ninety days

after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). A party may obtain an

extension of time to file a notice of appeal if, within fifteen days after the deadline, the party files

a notice of appeal and an extension motion complying with rule of appellate procedure 10.5(b).

See TEX. R. APP. P. 26.3(a), (b), 10.5(b). An appellate court cannot alter the time for perfecting

an appeal in a civil case. See TEX. R. APP. P. 2. In the absence of a timely filed notice of appeal,

this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). The trial court signed the judgment on June 23, 2015. Appellants filed a timely motion

for new trial on July 13, 2015. Accordingly, the notice of appeal was due September 21, 2105

or, with a motion for extension, on Tuesday, October 6, 2015. See TEX. R. APP. P. 26.1(a), 26.3.

Appellants filed their notice of appeal on October 7, 2015, one day past the deadline. Because

appellants failed to file a notice of appeal within the time provided for in the rules of appellate

procedure, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

We deny appellant’s motion and dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a).

151238F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DUFEK MASSIF HOSPITAL On Appeal from the 116th Judicial District CORPORATION D/B/A UNIVERSITY Court, Dallas County, Texas. GENERAL HOSPITAL AND Trial Court Cause No. DC-15-01940. EDWARD T. LABORDE, JR., Appellants Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart No. 05-15-01238-CV V. participating.

SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE recover its costs of this appeal from appellants DUFEK MASSIF HOSPITAL CORPORATION D/B/A UNIVERSITY GENERAL HOSPITAL AND EDWARD T. LABORDE, JR.

Judgment entered December 9, 2015.

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