Nicole Hill AKA Nicole Holtz v. Tootsies, Inc

• Court: Court of Appeals of Texas
• Decided: May 10, 2011
• Docket: 14-11-00260-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 10, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00260-CV

NICOLE HILL AKA NICOLE HOLTZ, Appellant

V.

TOOTSIES, INC., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 969651

M E M O R A N D U M   O P I N I O N

            This is an appeal from a judgment signed December 9, 2010.  Appellant filed a timely motion for new trial.  The notice of appeal was due March 9, 2011.  See Tex. R. App. P. 26.1.  Appellant, however, filed a notice of appeal on March 11, 2011, a date within 15 days of the due date for the notice of appeal.  See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Appellant did not file a motion to extend time to file the notice of appeal.  On April 12, 2011, we ordered appellant to file a motion to extend time to file the notice of appeal on or before April 22, 2011 containing the required information.  See Tex. R. App. P. 26.3; 10.5(b).  Appellant did not file a motion.  We, therefore, dismiss the appeal.  See Tex. R. App. P. 42.3.

                                                                        PER CURIAM

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