Opinion
No. 11-16-00029-CV
02-18-2016
HOMERO DE HOYOS AND LUCIA DE HOYOS, Appellants v. RYAN TROWBRIDGE AND FIRST FINANCIAL BANK, N.A., Appellees
On Appeal from the 104th District Court Taylor County, Texas
Trial Court Cause No. 26168B
MEMORANDUM OPINION
On January 21, 2016, Appellants, Homero De Hoyos and Lucia De Hoyos, filed in the trial court an untimely notice of appeal. When the appeal was docketed in this court, we notified Appellants by letter dated January 25, 2016, that it appeared to this court that the notice of appeal was untimely filed, and we requested that Appellants respond on or before February 4, 2016, and show grounds to continue the appeal. Appellants have not filed a response.
The documents on file in this case show that, on September 14, 2015, the trial court signed an agreed judgment that reads in part as follows: "This judgment finally disposes of all parties and all claims and is appealable." Appellants timely filed a motion for new trial on September 21, 2015. See TEX. R. CIV. P. 329b(a). The notice of appeal was therefore due to be filed within ninety days after the judgment was signed, which would have been December 14, 2015, since December 13 fell on a Sunday. See TEX. R. APP. P. 4.1(a), 26.1(a). Appellants' notice of appeal was filed on January 21, 2016—129 days after the judgment was signed and well after the deadline for filing a notice of appeal or a motion for an extension of time to file a notice of appeal. See TEX. R. APP. P. 26.3. Absent a timely notice of appeal, this court is without jurisdiction to consider this appeal. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233-34 (Tex. App.—Houston [1st Dist.] 2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because we are without jurisdiction, we must dismiss the appeal. See TEX. R. APP. P. 42.3(a).
This appeal is dismissed for want of jurisdiction.
PER CURIAM February 18, 2016 Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.