Hetul Bhakta D/B/A Budget Inn v. Tex Dept of Transportation

Opinion

Fourth Court of Appeals San Antonio, Texas March 17, 2014

No. 04-14-00063-CV

Hetul BHAKTA d/b/a Budget Inn, Appellant

v.

TEX DEPT OF TRANSPORTATION, Appellee

From the 79th Judicial District Court, Brooks County, Texas Trial Court No. 11-04-15888-CV Honorable Richard C. Terrell, Judge Presiding

ORDER This is an accelerated appeal from the trial court’s November 13, 2013, order granting appellee’s plea to the jurisdiction. A timely “Motion for Rehearing and Reconsideration” was filed on November 11, 2013. TEX. R. CIV. P. 329b(a). Appellant filed a notice of appeal on January 7, 2014. Appellee has filed a motion to dismiss, arguing this court lacks jurisdiction over this appeal.

Although appellant filed a timely motion for new trial, a timely-filed motion for new trial does not extend the time for filing a notice of appeal in an accelerated appeal. In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005); TEX. R. APP. P. 28.1(b). Because appellant did not file a notice of appeal within twenty days after the trial court signed its order and did not file a motion to extend time, it appears this court lacks jurisdiction.

It is therefore ORDERED that appellant show cause in writing no later than March 28, 2014 why this appeal should not be dismissed for lack of jurisdiction.

All appellate filing dates are ABATED pending further orders from this court.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of March, 2014. ___________________________________ Keith E. Hottle Clerk of Court