Yashare Ramey v. FXI Corporation D/B/A Fast Express, Inc.

• Court: Court of Appeals of Texas
• Decided: May 29, 2003
• Docket: 14-03-00448-CV
• Status: Published

Opinion

Dismissed and Opinion filed May 29, 2003

Dismissed and Opinion filed May 29, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00448-CV

YASHERE RAMEY, Appellant

V.

FXI CORPORATION d/b/a FAST EXPRESS, INC., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 761,702-801

M E M O R A N D U M  O P I N I O N

This is an appeal from a final judgment in a garnishment proceeding signed February 11, 2003.  Appellant, an intervenor, filed an untimely request for findings of fact and conclusions of law.  See Tex. R. Civ. P. 296.  The notice of appeal was therefore due thirty days after judgment, i.e. on March 13, 2003.  See Tex. R. App. P. 26.1.  Appellant did not file her notice of appeal until March 26, 2003, 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, however.

On April 30, 2003, appellee filed a motion to dismiss the appeal for want of jurisdiction.  Tex. R. App. P. 42.3(a).  On May 8, 2003, we ordered appellant to file a proper motion to extend time to file the notice of appeal, demonstrating a reasonable explanation for the late filing, on or before May 19, 2003.  See Tex. R. App. P. 26.3;10.5(b); Miller v. Greenpark Surgery Ctr. Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.CHouston [14th Dist.] 1998, no pet.).  Appellant did not file a motion as ordered or otherwise respond to appellee=s motion to dismiss.  We, therefore, grant appellee=s motion and dismiss the appeal.  See Tex. R. App. P. 42.3.

PER CURIAM

Opinion filed May 29, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.