Nelly Uribe v. Metropolitan Transit Authority

• Court: Court of Appeals of Texas
• Decided: August 19, 2010
• Docket: 14-10-00499-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 19, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00499-CV

NELLY URIBE, Appellant

V.

METROPOLITAN TRANSIT AUTHORITY, ET AL., Appellees

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

Harris County, Texas

Trial Court Cause No. 886497

M E M O R A N D U M   O P I N I O N

Appellant filed suit against Metropolitan Transit Authority and others on February 26, 2007.^[1]  The trial court signed an order of dismissal on May 16, 2007.  Appellant did not file a motion to reinstate the case until April 21, 2010.  Appellant=s notice of “restricted” appeal was filed May 26, 2010.  Appellant filed an amended notice of appeal on August 6, 2010, indicating that she sought to litigate her appeal in federal court.

Generally, a notice of appeal must be filed within thirty days after the judgment or appealable order is signed when appellant has not 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.  See Tex. R. App. P. 26.1.  In a restricted appeal, the notice of appeal must be filed within six months after the judgment or order being appealed is signed.  See Tex. R. App. P. 26.1(c). 

Appellant=s notice of appeal, filed three years after dismissal of her suit, is untimely.  See Tex. R. App. P. 26.1.  A timely notice of appeal is essential to invoke our appellate jurisdiction.  In re A.L.B., 56 S.W.3d 651, 652 (Tex. App.—Waco 2003, no pet.).  If the notice is untimely, then the court of appeals can take no action other than to dismiss the proceeding.  Id.  

On July 6, 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).  Appellant=s responses to this court’s notice fail to demonstrate that this court has jurisdiction to entertain the appeal.  Because the notice of appeal in this case was not filed timely, we have no choice but to dismiss the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

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^[1] Appellant named numerous defendants in her suit, including Metro employees President Frank Wilson, Supervisor W.D. Moore, and Claims Manager Rolando Tolentino.  She also named former Presidents George W. Bush and George H. W. Bush, the State of Texas, Governor Rick Perry, Greg Abbott, an unnamed Harris County Constable, Harold Hurtt and the “Police Department.”