Peter B. Casey D/B/A C&S Bullion v. G R Hospitality Management LLC

• Court: Court of Appeals of Texas
• Decided: July 3, 2013
• Docket: 05-13-00688-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 3, 2013.

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00688-CV

PETER B. CASEY D/B/A C&S BULLION, Appellant V. GR HOSPITALITY MANAGEMENT, LLC, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-06033

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice O’Neill Before the Court is appellee’s June 11, 2013 motion to dismiss the appeal. Appellee

contends the appeal should be dismissed because appellant failed to file a timely notice of

appeal.

A notice of appeal is due thirty days after the date the judgment is signed. See TEX. R.

APP. P. 26.1. If a party files a timely post-judgment motion extending the appellate timetable,

the notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P.

26.1(a). An extension of time may be granted if an appellant files a notice of appeal within

fifteen days of the deadline and files a motion complying with rule of appellate procedure

10.5(b). See TEX. R. APP. P. 26.3. Without a timely notice of appeal, this Court lacks

jurisdiction. See TEX. R. APP. P. 25.1 (b). In his response to the motion to dismiss, appellant contends that his notice of appeal was

timely because it was filed within thirty days of the trial court denying his motion to set aside the

judgment at a hearing held on April 26, 2013. Appellant’s contention is incorrect. Appellate

timetables begin running only from the date the judgment is signed. See TEX. R. APP. P. 26.1.

The trial court signed a final summary judgment on January 23, 2013. Appellant filed a

timely motion to set aside the judgment on February 14, 2013. Accordingly, appellant’s notice

of appeal was due on April 23, 2013, ninety days after the date the judgment was signed.

Appellant filed his notice of appeal on May 16, 2013, twenty-three days past the due date.

Because appellant did not file a timely notice of appeal, this Court lacks jurisdiction.

Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE

130688F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

PETER B. CASEY D/B/A C&S BULLION, On Appeal from the 191st Judicial District Appellant Court, Dallas County, Texas. Trial Court Cause No. DC-11-06033. No. 05-13-00688-CV V. Opinion delivered by Justice O’Neill. Justices Francis and Fillmore, participating. GR HOSPITALITY MANAGEMENT, LLC, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, GR HOSPITALITY MANAGEMENT, LLC, recover its costs of this appeal from appellant, PETER B. CASEY D/B/A C&S BULLION.

Judgment entered this 3rd day of July, 2013.

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