Gwen Watts, Individually and as Next Friend for Catherine Phyl Watts, and Phil Watts Individually v. Alfonso Roel Goreen and Travis County

• Court: Court of Appeals of Texas
• Decided: May 31, 2001
• Docket: 03-00-00673-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-00-00673-CV

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Gwen Watts, Individually and as next friend of Catherine Phyl Watts,

and Phil Watts Individually, Appellants

v.

Alfonso Roel Goreen and Travis County, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. 95-00287, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

Gwen Watts, individually and as next friend of Catherine Phyl Watts, and Phil Watts, individually, filed a notice of restricted appeal to challenge a dismissal for want of prosecution. Appellees move to dismiss for want of jurisdiction. We will grant the motion and dismiss this appeal for lack of jurisdiction.

The district court dismissed the cause for want of prosecution on March 29, 2000. The Wattses filed a motion to reinstate on April 27, 2000. They filed their notice of restricted appeal on September 26, 2000.

Restricted appeals are not available to a party who timely files a postjudgment motion. See Tex. R. App. P. 30. The Wattses' motion to reinstate, filed April 27, 2000, is a timely filed postjudgment motion. See Tex. R. Civ. P. 165a(3); see also Thomas v. Texas Dept. of Crim. Justice--Inst. Div., 3 S.W.3d 665, 666-67 (Tex. App.--Fort Worth 1999, no pet.). Their notice of appeal was due 90 days after judgment, on June 27, 2000. See Tex. R. App. P. 26.1(a)(3); see also Thomas, 3 S.W.3d at 666-67. Their notice of appeal, filed almost six months after the dismissal, was untimely.

We grant the motion to dismiss. We dismiss for want of jurisdiction the Wattses' appeal of the district court dismissals.

Jan P. Patterson, Justice

Before Chief Justice Aboussie, Justices Yeakel and Patterson

Dismissed on Appellees' Motion

Filed: May 31, 2001

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