Wallace McNary v. North East Pine Village Homeowners Association

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 14-24-00049-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed May 21, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00049-CV

WALLACE MCNARY, Appellant

V.

NORTH EAST PINE VILLAGE HOMEOWNERS ASSOCIATION, Appellee

On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2022-60213

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed October 17, 2023. Appellant filed a timely request for findings of fact and conclusions of law on November 6, 2023. Appellant’s notice of appeal was due January 16, 2024. See Tex. R. App. P. 26.1(a) (allowing 90 days from judgment to file notice of appeal where a motion for new trial or a motion to modify the judgment is filed). Appellant, however, filed his notice of appeal on January 17, 2024, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On April 23, 2024, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before May 3, 2024, or the appeal would be subject to dismissal without further notice. See Tex. R. App. P. 26.3; 10.5(b). Appellant did not file a motion. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan.