Mary Alice Saiz v. Susser Holdings Corporation and Stripes LLC

• Court: Court of Appeals of Texas
• Decided: July 25, 2014
• Docket: 04-14-00487-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas July 25, 2014

No. 04-14-00487-CV

Mary Alice SAIZ, Appellant

v.

SUSSER HOLDINGS CORPORATION AND STRIPES LLC, Appellee

From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2012-02-28,530-CV The Honorable Camile G. Dubose, Judge Presiding

ORDER Appellant Mary Alice Saiz attempts to appeal from an order confirming an arbitration award and dismissing her claims with prejudice. The challenged order, which appears to be a final judgment, was signed on February 24, 2014. The clerk’s record contains a motion for new trial and a notice of appeal.

Under Texas Rule of Civil Procedure 329b(a), the motion for new trial was due on March 26, 2014. The clerk’s record, however, shows that appellant filed a motion for new trial on April 10, 2014, which was more than thirty days after the judgment was signed. Absent a timely filed motion for new trial, the notice of appeal was due within thirty days from the date the judgment was signed. See TEX. R. APP. P. 26.1. Because appellant did not file her notice of appeal until May 23, 2014, the notice of appeal was untimely.

Our jurisdiction is invoked by the timely filing of a notice of appeal. See TEX. R. APP. P. 25.1(b); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). Thus, without a timely notice of appeal, this court has no jurisdiction over this appeal.

We, therefore, order appellant to show cause in writing by August 11, 2014, why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court