Marcelyn M. Kagimu v. Texas Guaranteed Student Loan Corporation

• Court: Court of Appeals of Texas
• Decided: August 30, 1995
• Docket: 03-95-00400-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-95-00400-CV

Marcelyn M. Kagimu, Appellant

v.

Texas Guaranteed Student Loan Corporation, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 160,921, HONORABLE ORLINDA L. NARANJO, JUDGE PRESIDING

PER CURIAM

The trial court signed a summary judgment in favor of appellee Texas Guaranteed Student Loan Corporation ("TGSLC") on April 4, 1995. Appellant Marcelyn M. Kagimu did not file a motion for new trial, so the transcript was due in this Court on June 5, 1995. Tex. R. App. P. 54(a). The time for filing a motion for extension of time to file the transcript expired on June 20, 1995. Tex. R. App. P. 54(c). Kagimu filed her first motion for extension of time to file the transcript on July 14, 1995, twenty-four days after the deadline for filing such a motion had expired, and filed an amended motion for an extension of time on July 27, 1995. The transcript was received by the Clerk of this Court on July 27, 1995.

TGSLC moves this Court to dismiss the appeal since the transcript was not timely filed. This Court has no jurisdiction to consider a late-filed motion to extend time to file. See B.D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860, 862 (Tex. 1982). Further, in the absence of a timely-filed motion to extend, this Court has no jurisdiction to consider a transcript filed after the due date. Id.

We grant TGSLC's motion to dismiss, deny Kagimu's amended motion for extension of time to file the record, and dismiss Kagimu's original motion for extension of time. The cause is dismissed for want of jurisdiction.

Before Chief Justice Carroll, Justices Aboussie and Jones

Dismissed for Want of Jurisdiction

Filed: August 30, 1995

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