Eric Van Zandt v. Prescott Legal Search, Inc. and Larry Prescott

• Court: Court of Appeals of Texas
• Decided: May 12, 2006
• Docket: 03-06-00196-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-06-00196-CV

Eric Van Zandt, Appellant

v.

Prescott Legal Search, Inc. and Larry Prescott, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. GN501708, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Eric Van Zandt seeks to appeal from a district court judgment rendered October 10, 2005, dismissing his petition for bill of review as untimely and without merit. Van Zandt filed a motion for new trial and a request for findings of fact and conclusions of law on November 15, 2005. The district court denied the motion for new trial on January 3, 2006. ⁽¹⁾ Van Zandt filed an untimely notice of appeal with the district court clerk on March 22, 2006, 163 days after the judgment was signed. See Tex. R. App. P. 26.1(a)(1). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Tex. R. App. P. 42.3(a); Grondona v. Sutton, 991 S.W.2d 90, 93 (Tex. App.--Austin 1998, pet. denied).

Bob Pemberton, Justice

Before Chief Justice Law, Justices Patterson and Pemberton

Dismissed for Want of Jurisdiction

Filed: May 12, 2006

1. It is unclear whether the district court had plenary power to render its order. See Tex. R. Civ. P. 329b.