Richard Ehrlich v. the Environmentalists Inc. F/K/A Dupont Flooring Systems

• Court: Court of Appeals of Texas
• Decided: May 19, 2005
• Docket: 14-05-00364-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 19, 2005

Dismissed and Memorandum Opinion filed May 19, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00364-CV

RICHARD EHRLICH, Appellant

V.

THE INVIRONMENTALISTS, INC.,

f/k/a DUPONT FLOORING SYSTEMS, Appellee

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

Harris County, Texas

Trial Court Cause No. 811,246

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a default judgment signed January 14, 2005.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until April 4, 2005.

Appellant=s notice of appeal is untimely.  The notice of appeal must be filed within thirty days after the judgment 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.  Tex. R. App. P. 26.1.

On May 2, 2005, 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).  In the court=s notice, appellant was advised that if he was attempting to file a restricted appeal, he was required to file an amended notice of appeal in compliance with Texas Rule of Appellate Procedure 25.1(d)(7).  Appellant filed a response to the court=s notice on May 6, 2005.  He did not file an amended notice of appeal, however.  Appellant=s response fails to demonstrate that this court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 19, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.