Priscilla Weeks v. Green Tree Servicing, LLC as Servicer for Bombardier Capital

Court of Appeals of Texas

Priscilla Weeks v. Green Tree Servicing, LLC as Servicer for Bombardier Capital

DecidedMarch 30, 2007

Docket12-07-00100-CV

StatusPublished

This text of Priscilla Weeks v. Green Tree Servicing, LLC as Servicer for Bombardier Capital (Priscilla Weeks v. Green Tree Servicing, LLC as Servicer for Bombardier Capital) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Priscilla Weeks v. Green Tree Servicing, LLC as Servicer for Bombardier Capital, (Tex. Ct. App. 2007).

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Opinion

NO. 12-07-00100-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PRISCILLA WEEKS, § APPEAL FROM THE THIRD

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

GREEN TREE SERVICING, LLC

AS SERVICER FOR § HENDERSON COUNTY, TEXAS

BOMBARDIER CAPITAL,

APPELLEES

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on January 8, 2007. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, its notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., February 7, 2007. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file her notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed her notice of appeal on February 26, 2007. Because the notice of appeal was not filed on or before February 7, 2007, this court has no jurisdiction to consider the appeal.

On March 6, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that her notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before March 16, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice nor shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered March 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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NO. 12-07-00100-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PRISCILLA WEEKS, § APPEAL FROM THE THIRD

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

GREEN TREE SERVICING, LLC

AS SERVICER FOR § HENDERSON COUNTY, TEXAS

BOMBARDIER CAPITAL,

APPELLEES

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on January 8, 2007. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, its notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., February 7, 2007. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file her notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed her notice of appeal on February 26, 2007. Because the notice of appeal was not filed on or before February 7, 2007, this court has no jurisdiction to consider the appeal.

On March 6, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that her notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before March 16, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice nor shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered March 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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