State of Texas v. Howard Huffstutler

• Court: Court of Appeals of Texas
• Decided: December 13, 1995
• Docket: 03-95-00599-CV
• Status: Published

Opinion

State of Texas v. Huffstutler

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-95-00599-CV

State of Texas, Appellant

v.

Howard Huffstutler, Appellee

FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY

NO. 1966, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

PER CURIAM

Appellant State of Texas seeks to appeal a judgment rendered May 17, 1995, in its condemnation suit against appellee Howard Huffstutler. After filing a motion for new trial, the State timely perfected an appeal to this Court on June 9. See Tex. R. App. P. 41(a). The last day to timely file the transcript fell on September 14, one hundred twenty days after the court signed the judgment. See Tex. R. App. P. 54(a). A motion to extend the time to file the transcript was due September 29, fifteen days after the last day for filing the transcript. See Tex. R. App. P. 54(c).

The State tendered the transcript to the Clerk of this Court on October 12, and after being notified that the transcript was tendered late, filed an extension motion on October 27. Because the State's extension motion was filed beyond the fifteen-day grace period, this Court has no authority to consider it. Tex. R. App. P. 54(c); Texas Instruments, Inc. v. Teletron Energy Management, Inc., 877 S.W.2d 276, 278 (Tex. 1995); B. D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860, 862 (Tex. 1982).

The State explains in its motion that, due to a change in secretaries, it mistakenly filed an extension motion on September 19 with the County Clerk of Travis County. But because the State filed no extension motion in this Court until more than fifteen days after the transcript was due, we cannot consider the explanation it proffers. Tex. R. App. P. 54(c); Texas Instruments, Inc., 877 S.W.2d at 278; B. D. Click Co., 638 S.W.2d at 862.

An appellate court may dismiss an appeal for the failure to file a transcript timely. Tex. R. App. P. 54(a); Trans-Continental Properties, Ltd. v. W.W. (Doc) Taylor, 717 S.W.2d 890, 891 (Tex. 1986). We therefore overrule the State's motion to extend the time to file the transcript and dismiss the appeal. Tex. R. App. P. 60(a)(2).

Before Justices Powers, Aboussie and Kidd

Appeal Dismissed

Filed: December 13, 1995

Do Not Publish