Vecente Morales v. Geico Insurance Company

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 05-23-00939-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 7, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00939-CV

VECENTE MORALES, Appellant V. GEICO INSURANCE COMPANY, ET AL., Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-17252

MEMORANDUM OPINION Before Justices Nowell, Miskel, and Kennedy Opinion by Justice Miskel We questioned our jurisdiction over this appeal because it appeared the notice

of appeal was untimely. See Mitschke v. Borromeo, 645 S.W.3d 251, 260 (Tex.

2022) (“[T]he absence of a timely notice of appeal prevents the appellate court from

ever exercising jurisdiction in the first place.”). A notice of appeal must be filed

within thirty days of the judgment being signed, with limited exceptions not

applicable here. See TEX. R. APP. P. 26.1. In the present case, the date of the final

judgement was October 7, 2022, making the deadline to file the notice of appeal November 7, 2022. See TEX. R. APP. P. 4.1, 26.1. The notice of appeal was not filed

until September 11, 2023.

We requested appellant file a letter brief addressing our jurisdictional concern.

In his response, appellant argues that he is entitled to an appeal and that we have

jurisdiction because he never received notice of the judgment. No authority exists,

however, allowing us to alter the time for perfecting an appeal in a civil case. See id.

2. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(a).

/Emily Miskel/ 230939f.p05 EMILY MISKEL JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

VECENTE MORALES, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-23-00939-CV V. Trial Court Cause No. DC-21-17252. Opinion delivered by Justice Miskel. GEICO INSURANCE COMPANY, Justices Nowell and Kennedy ET AL., Appellees participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 7th day of December, 2023.

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