Therman Thomas and Angela Thomas v. Haley Robertson D/B/A Hi Speed Transmissions

• Court: Court of Appeals of Texas
• Decided: January 15, 2004
• Docket: 14-03-01017-CV
• Status: Published

Opinion

Dismissed and Opinion filed January 15, 2004

Dismissed and Opinion filed January 15, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01017-CV

THERMAN THOMAS AND ANGELA THOMAS, Appellants

V.

HALEY ROBERTSON D/B/A HI SPEED TRANSMISSIONS, Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 99-62587

M E M O R A N D U M   O P I N I O N

The trial court dismissed this case for want of prosecution on May 15, 2000.  Appellants filed an untimely motion to reinstate on June 15, 2000, which was the thirty-first day after judgment.  Although the trial court lost plenary power on June 14, 2000, see Tex. R. Civ. P. 329b(d), it nonetheless granted the motion to reinstate on June 20, 2000.  An order granted after the court=s plenary power expires is void and constitutes an abuse of discretion.  In re Southwestern Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000).  On May 23, 2003, the trial court recognized that it lost plenary power before it reinstated the case, and it vacated its June 20, 2000 order.  See Tex. R. Civ. P. 329b(f) (permitting trial court to sign an order declaring a previous order void because it was signed after the court=s plenary power had expired). 

Appellant=s notice of appeal was filed September 9, 2003.  However, 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.  See Tex. R. App. P. 26.1.  Thus, appellant=s notice of appeal was due on June 14, 2000.

On October 31, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  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 Opinion filed January 15, 2004.

Panel consists of Justices Edelman, Frost, and Guzman..