Tanya Wilson v. Joanna Schumaker

• Court: Court of Appeals of Texas
• Decided: September 3, 2020
• Docket: 14-20-00333-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 3, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00333-CV

TANYA WILSON, Appellant

V.

JOANNA SCHUMAKER, Appellee

On Appeal from the 335th District Court Bastrop County, Texas Trial Court Cause No. 383-335

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed February 12, 2020. Appellant’s notice of appeal was filed April 8, 2020.1 On April 24, 2020, appellant filed a motion in the trial to extend post-judgment deadlines. However, as explained in our opinion on appellant’s petition for writ of mandamus, that motion

1 The Supreme Court of Texas ordered the Third Court of Appeals to transfer the case to this court. was filed outside the expiration of the trial court’s plenary power. See In re Tanya Wilson, No. 14-20-00351-CV, 2020 WL 4760296, (Tex. App.—Houston [14th Dist.] Aug. 18, 2020, orig. proceeding) (per curiam) (mem. op.).

Because appellant did not file a timely post-judgment motion, her notice of appeal had to be filed within 30 days after the judgement was signed. See Tex. R. App. P. 26.1. Appellant’s notice of appeal was not filed timely.

On April 28, 2020, 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). Appellant’s response fails to demonstrate this court’s jurisdiction.

We order the appeal dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Spain.