Leopold Malachowitsch v. Expo Motorscars, L.P., Expo Holdings, L.P., and Expo Motorcars, L.L.C.

• Court: Court of Appeals of Texas
• Decided: December 30, 2010
• Docket: 14-10-00906-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed December 30, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00906-CV

LEOPOLD MALACHOWITSCH, Appellant

V.

EXPO MOTORSCARS, L.P., EXPO HOLDINGS, L.P., AND EXPO MOTORCARS, L.L.C., Appellees

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2008-44763

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed May 17, 2010.  Appellant filed a timely motion for new trial.  When appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). The notice of appeal was therefore due August 16, 2010.  See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on September 16, 2010, a date that is not within the fifteen-day period provided by Texas Rule of Appellate Procedure 26.3.  See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

On December 10, 2010, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  On December 15, 2010, appellees filed a motion to dismiss for want of jurisdiction.  On December 16, 2010, appellant filed a response.

In his response appellant fails to demonstrate that this court has jurisdiction to entertain the appeal.  Accordingly, appellees’ motion is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.