Jeffrey L. Wong v. Discover Bank

• Court: Court of Appeals of Texas
• Decided: July 27, 2023
• Docket: 09-23-00182-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00182-CV __________________

JEFFREY L. WONG, Appellant

V.

DISCOVER BANK, Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 19-12-16322-CV __________________________________________________________________

MEMORANDUM OPINION

Appellant Jeffrey L. Wong filed a notice of appeal on June 8, 2023. We

questioned whether we had jurisdiction over the appeal. In a response, Appellant

included a copy of a trial court docket sheet that indicated the trial court signed a

final order in this case on October 28, 2020, and signed a post-judgment order on

April 19, 2023. The Clerk of the Court notified the appellant that the notice of appeal

lacked information required by Texas Rule of Appellate Procedure 25.1(d) and

instructed the appellant to file an amended notice of appeal that complies with Rule

1 25.1(d). On July 10, 2023, Appellant filed an amended notice of appeal that states

that he seeks to appeal the judgment signed by the trial court on October 28, 2020.

A notice of appeal must be filed within 30 days after the trial court signs the

final judgment if no motion for new trial is timely filed, except that a notice of appeal

for a restricted appeal may be filed within six months after the judgment or order is

signed if the appellant did not participate in the hearing that resulted in the judgment.

See Tex. R. App. P. 26.1(a), (c). In this case, Appellant filed a notice of appeal too

late to perfect an appeal from the judgment that the trial court signed on October 28,

2020. Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R. App.

P. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on July 26, 2023 Opinion Delivered July 27, 2023

Before Golemon, C.J., Johnson and Wright, JJ.