James L. Taliaferro, Robert K. Taliaferro, and Gary Dumas, Trustee of the Amy Dumas Family Trust v. Connie Perryman

• Court: Court of Appeals of Texas
• Decided: May 28, 2009
• Docket: 06-09-00022-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-09-00022-CV

JAMES L. TALIAFERRO, ROBERT K. TALIAFERRO,

AND GARY DUMAS, TRUSTEE OF THE

AMY DUMAS FAMILY TRUST, Appellants

V.

CONNIE PERRYMAN, Appellee

On Appeal from the 4th Judicial District Court

Rusk County, Texas

Trial Court No. 2007-152

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

James L. Taliaferro filed a motion to dismiss his appeal because a new trial had been granted. Thereafter, we determined that two other parties had also filed notices of appeal. We contacted those parties to determine whether they concurred in the dismissal. Although the other parties have not filed their own motions to dismiss, they have not indicated any disagreement with that result.

We have now received a copy of the order granting new trial. It is apparent that as a result of that order, the previously appealed from judgment is not final. We have jurisdiction over only appeals from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Therefore, this Court is without jurisdiction to hear this appeal.

We dismiss the appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: May 27, 2009

Date Decided: May 28, 2009

7in">            A defendant must file the notice of appeal within thirty days from the date the trial court imposes or suspends sentence unless the defendant timely files a motion for new trial, in which case the notice of appeal must be filed within ninety days from the date the trial court imposes or suspends sentence. Tex. R. App. P. 26.2. An appellate court may, however, extend the time to file the notice of appeal "if, within 15 days after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b)." Tex. R. App. P. 26.3.

            In this case, the record clearly shows Williamson did not file a timely motion for new trial. See Tex. R. App. P. 21.4(a) (motion shall be filed no later than thirty days after sentence is imposed or suspended). Accordingly, his notice of appeal was due by April 22, 2004. It was not filed until August 3, 2004.

            Williamson did not timely invoke this Court's jurisdiction. The record does not indicate he has been granted an out-of-time appeal by the Texas Court of Criminal Appeals. Accordingly, we dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          August 11, 2004

Date Decided:             August 12, 2004

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