Opinion
No. 05-07-01254-CV
Opinion Filed January 16, 2009.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 07-01255-E.
Before Justices MORRIS, FRANCIS, and MURPHY.
Opinion By Justice MURPHY.
MEMORANDUM OPINION
In a single issue, Lakieth Amir-Sharif appeals the trial court's judgment dismissing this case for want of prosecution. After reviewing the record, we dismiss this appeal for lack of jurisdiction. The law is well settled and we therefore issue this memorandum opinion. See Tex. R. App. P. 47.1
Amir-Sharif filed this lawsuit on February 8, 2007. On June 1, 2007, the trial court sent notice of a status conference to occur July 6, 2007. The court warned in the notice that failure to appear at the hearing "may result in the dismissal of this matter for want of prosecution pursuant to Texas Rule of Civil Procedure 165a and the Court's inherent power." Amir-Sharif failed to appear on July 6, 2007, and the court signed an order of dismissal for want of prosecution pursuant to Texas Rule of Civil Procedure 165a and the inherent power of the court.
On July 10, 2007, Amir-Sharif filed an unverified "Motion For Reconsideration of July 06, 2007 Dismissal" which was in substance a motion to reinstate. At the hearing on August 29, 2007, the trial court advised Amir-Sharif of deficiencies in the motion, including lack of verification. The trial court signed an order that date denying the motion for failure to comply with the requirements of rule 165a and pursuant to the inherent power of the court. See Tex. R. Civ. P. 165a(3) (motion to reinstate shall be verified by the movant or his attorney).
Amir-Sharif filed his notice of appeal in this Court on September18, 2007, more than thirty days after the July 6, 2007 order of dismissal. Because his motion for reconsideration was not verified, the notice of appeal was due 30 days after the dismissal order was signed. See Tex. R. App. P. 26.1. An unverified motion to reinstate does not extend the trial court's plenary power or the deadline for appealing the dismissal of the case. McConnell v. May, 800 S.W.2d 194, 194 (Tex. 1990) (orig. proceeding) (per curiam); Macarangal v. Andrews, 838 S.W.2d 632, 633 (Tex.App.-Dallas 1992, orig. proceeding); Sierra Club v. Tex. Comm'n on Envtl. Quality, 188 S.W.3d 220, 223 (Tex.App.-Austin 2005, no pet.).
The notice of appeal mistakenly filed with this Court is deemed to have been filed the same day with the trial court clerk. Tex. R. App. P. 25.1.
We conclude Amir-Sharif's notice of appeal was untimely. We therefore lack jurisdiction over this appeal.
We dismiss this appeal for lack of jurisdiction. See Tex. R. App. P. 26.1.