Michael S. Polly v. RealPages, Inc. and James Harrison

• Court: Court of Appeals of Texas
• Decided: February 18, 2010
• Docket: 02-09-00439-CV
• Status: Published

Opinion

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-09-439-CV

MICHAEL S. POLLY                                                              APPELLANT

                                                   V.

REALPAGES, INC. AND                                                        APPELLEES

JAMES HARRISON

                                              ------------

            FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

                                MEMORANDUM OPINION^[1]

Through a letter sent to his counsel on December 16, 2009, we have given appellant Michael S. Polly an opportunity to explain why his notice of appeal was untimely filed^[2] and why this appeal should not be dismissed for want of jurisdiction.  He has not done so.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 25.1(b), 26.1(a)(1), 42.3(a), 43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that the timely filing of a notice of appeal is jurisdictional); Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (same).

TERRIE LIVINGSTON

JUSTICE

PANEL:  LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED:  February 18, 2010

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^[1]See Tex. R. App. P. 47.4.

^[2]The trial court signed its judgment on July 31, 2009.  Although appellant timely filed a motion for new trial on August 31, he did not file his notice of appeal in the trial court until December 7, and it was therefore untimely. See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1(a)(1).