the Imaging Bureau, Inc. v. Telecheck Services, Inc.

Opinion

02-12-193-CV

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00193-CV

The Imaging Bureau, Inc.		APPELLANT
V.
Telecheck Services, Inc.		APPELLEE

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FROM County Court at Law No. 2 OF Tarrant COUNTY

MEMORANDUM OPINION[1]

          On January 30, 2012, the trial judge signed a take-nothing judgment on appellant The Imaging Bureau, Inc.’s claims against appellee TeleCheck Services, Inc.  Appellant timely filed a motion for new trial on February 27, 2012, but appellant did not file its notice of appeal until May 16, 2012, and the notice of appeal is therefore untimely.  See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1(a)(1), 26.3.

          We sent a letter to appellant to express our concern that we do not have jurisdiction over the appeal because the notice of appeal is untimely.  In the letter, we informed appellant than unless it filed a response showing grounds for continuing the appeal, the appeal could be dismissed.  Appellant has not responded.  Because appellant’s notice of appeal is untimely, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a), 43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that jurisdiction vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g) (“A timely-filed notice of appeal confers jurisdiction on this court, and absent a timely[-]filed notice of appeal, we must dismiss the appeal.”).

PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED:  September 13, 2012

The Imaging Bureau, Inc. Telecheck Services, Inc.

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From County Court at Law No. 2 of Tarrant County (2011-002911-2) September 13, 2012 Per Curiam

JUDGMENT

          This court has considered the record on appeal in this case and holds that the appeal should be dismissed.  It is ordered that the appeal is dismissed for want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS

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[1]See Tex. R. App. P. 47.4.