Opinion
No. 05-05-01724-CV
Opinion Filed February 23, 2006.
On Appeal from the 134th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-12921-G.
Dismissed.
Before Justices WRIGHT, O'NEILL, and LANG.
MEMORANDUM OPINION
The Court has before it appellee EFC Partners, LP d/b/a Evergreen Funding Corp.'s January 26, 2006 motion to dismiss appeal for want of jurisdiction, asserting that appellant failed to file a timely notice of appeal. Appellant did not respond to the motion. After reviewing the motion and applicable law, we agree with appellee.
The trial court signed the final judgment in this case on August 31, 2005. On September 29, 2005, appellant filed a timely motion for new trial. The notice of appeal was therefore due on November 29, 2005, and any motion for extension of time to file notice of appeal was due by December 14, 2005. See Tex.R.App.P. 26.1(a)(1), 26.3. Appellant did not file notice of appeal until December 30, 2005, thirty-one days past the date it was due and sixteen days after the window for filing a motion for extension of time had expired.
Because appellant filed its notice of appeal beyond the ninety-day time limit imposed by rule 26.1(a)(1) and beyond the fifteen-day period in which it could have moved to extend the filing deadline under rule 26.3, this Court does not have jurisdiction to consider its appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (explaining that once period for granting motion for extension of time to file notice of appeal has passed, party can no longer invoke appellate court's jurisdiction).
We GRANT appellee's January 26, 2005 motion to dismiss appeal for want of jurisdiction. We DISMISS this appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).