Kimberly Taylor v. Federal National Mortgage Association AKA Fannie Mae

Opinion

Opinion issued January 26, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01B10B00997BCV

KIMBERLY TAYLOR, Appellant

V.

FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 967125

MEMORANDUM OPINION

Appellant, Kimberly Taylor, attempts to appeal from the trial court’s judgment which was signed on August 24, 2010. 

Generally, a notice of appeal is due within thirty days after a judgment is signed.  See Tex. R. App. P. 26.1(a)(1).  The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law.  See id. 

Because the trial court signed its final judgment on August 24, 2010, a motion for new trial would have been due by September 23, 2010.  Appellant did not file a motion for new trial; consequently, her notice of appeal remained due by September 23, 2010.

Appellant did not file a notice of appeal until November 16, 2010.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.