Opinion
NO. 01-16-00234-CV
09-15-2016
ALFRED BERNAT AND JOHN DOE (L.S.), Appellants v. TOMAS SOTELO AND BENANCIA SOTELO, Appellees
On Appeal from the 164 th District Court Harris County, Texas
Trial Court Case No. 2011-61031
MEMORANDUM OPINION
Appellants, Alfred F. Bernat and John Doe (L.S.), filed a notice of appeal stating they desired "to appeal from the appealable Order cause 2015-55357 dismissed Bill of Review and void Judgment cause 2011-61031 signed 22 February 2013 . And another Void Judgment 23 August 2013". Two appeals were assigned to this Court: one for the judgment in trial court cause 2011-61031 (appellate cause 01-16-00234-CV) and one for the judgment in trial court cause 2015-55357 (appellate cause 01-16-00235-CV). Appellants subsequently filed an amended notice of appeal in appellate cause 01-16-00234-CV, adding an appeal of the judgment in justice court cause EV12C0024097. Appellees filed a motion to dismiss claiming we have no jurisdiction because the notice of appeal is untimely. We grant the motion.
Because the amended notice of appeal seeks appeal from a judgment in a different trial court cause number, we have forwarded that notice of appeal to the trial court clerk. See TEX. R. APP. P. 25.1(a).
Although appellants state they are appealing a judgment signed February 22, 2013 in trial court cause 2011-61031, the clerk's record shows the final judgment was signed on August 23, 2013. Appellant's notice of appeal from this judgment was filed on March 16, 2016.
As a general rule, a notice of appeal is due within thirty days after the signing of the judgment. See TEX. R. APP. P. 26.1. The deadline is extended to ninety days after the judgment is signed if a party files a timely post-judgment motion under Rule 329b, or in some cases, a request for findings of fact and conclusions of law. See id.; TEX. R. CIV. P. 329b(a), (g). The time to file a notice of appeal may also be extended if, within fifteen days after the date the notice of appeal is due, the appellant properly files a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 10.5(b), 26.3.
Appellants' notice of appeal is untimely as to the 2013 judgment in cause 2011-61031. The notice of appeal filed on March 18, 2016 was filed more than two and a half years after judgment was signed. Without a timely filed notice of appeal, this Court is without jurisdiction. See TEX. R. APP. P. 25.1. Appellants' response to the motion to dismiss presents no authority demonstrating that we have jurisdiction over this appeal.
Because we have no jurisdiction, we grant appellees' motion and dismiss this appeal. TEX. R. APP. P. 42.3(a); 43.2(f). Any pending motions are dismissed as moot.
The appeal in cause number 01-16-00235-CV of the February 9, 2016 order dismissing the bill of review is unaffected by this opinion and judgment and remains pending. --------
PER CURIAM Panel consists of Chief Justice Radack, and Justices Higley and Huddle.