Opinion
01-21-00363-CV
01-11-2022
LARRY D. FORD, Appellant v. CARLOS REYNALDO HERRERA, M.D., Appellee
On Appeal from the 189th District Court Harris County, Texas Trial Court Case No. 2019-33393
Panel consists of Radack Chief Justice and Kelly and Landau, Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant, Larry D. Ford, attempts a second appeal from the trial court's final order signed on December 9, 2019 dismissing the underlying suit. On June 8, 2021, our Court dismissed Ford's previous appeal from the order because the notice of appeal was untimely. See Ford v. Herrera, No. 01-20-00538-CV, 2021 WL 2325024 (Tex. App.-Houston [1st Dist.] June 8, 2021, no pet.). On June 28, 2021, Ford filed a second notice of appeal from the order, this time asserting that he is seeking a restricted appeal. We dismiss the appeal.
A notice of restricted appeal must be filed within six months after the judgment or order is signed. TEX. R. APP. P. 26.1(c). Here, the order from which Ford attempts to appeal was signed on December 9, 2019. Ford's June 28, 2021 notice of restricted appeal was filed over eighteen months after the order was signed. Thus, even if Ford could seek a second appeal and without our reaching the substantive requirements for a restricted appeal, the notice of restricted appeal is untimely. Absent a timely filed notice of appeal, an appellate court lacks jurisdiction over the appeal. TEX. R. APP. P. 25.1; In re United Services Auto. Ass'n, 307 S.W.3d 299, 307 (Tex. 2010).
The Clerk of this Court notified Ford that this appeal was subject to dismissal for want of jurisdiction unless he demonstrated that this Court has jurisdiction over this appeal. Ford failed to file a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.