Jacob Smith v. Saren Smith
This text of Jacob Smith v. Saren Smith (Jacob Smith v. Saren Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The
Court of Appeals Ninth District of Texas at Beaumont ________________
NO. 09-21-00071-CV ________________
JACOB SMITH, Appellant
V.
SAREN SMITH, Appellee __________________________________________________________________
On Appeal from the 128th District Court Orange County, Texas Trial Cause No. A200493-D __________________________________________________________________
MEMORANDUM OPINION
On March 31, 2021, we notified the parties that the notice of appeal did not
appear to have been timely filed. The appellant did not file a response.
In his notice of appeal, appellant stated that he was appealing the trial court’s
order denying his motion for new trial, which was signed on February 25, 2021. An
order denying a motion for new trial is not independently appealable; therefore, it
does not start a new timetable for perfecting appeal. State Office of Risk Mgmt. v.
Berdan, 335 S.W.3d 421, 428 (Tex. App.—Corpus Christi 2011, pet. denied). “An
appeal must be taken from the final judgment, not the refusal to reconsider that
1 judgment.” Morris v. Wells Fargo Bank, N.A., No. 01-19-00610-CV, 2019 WL
4677365, at *1 (Tex. App.—Houston [1st Dist.] Sept. 26, 2019, no pet.) (mem. op.).
“[T]he time for filing a notice of appeal runs from the signing of the final judgment,
not the subsequent denial of a motion for new trial.” Id. at *2.
The trial court signed a final judgment on November 3, 2020, and the appellate
timetables were extended by the timely filing of a motion for new trial. See Tex. R.
App. P. 26.1(a). Notice of appeal was due to be filed on February 1, 2021.
Appellant filed a notice of appeal on March 26, 2021, more than ninety days
from the date of judgment and outside the period for which we may grant an
extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks
jurisdiction over this appeal. Accordingly, we dismiss the appeal for lack of
jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Submitted on May 12, 2021 Opinion Delivered May 13, 2021
Before Golemon, C.J., Kreger and Horton, JJ.
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