Opinion
01-21-00364-CV
01-11-2022
LARRY D. FORD, Appellant v. LEGEND HOMES CORPORATION, Appellee
On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2019-66658
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 judgment signed on February 24, 2020. On June 8, 2021, our Court dismissed Ford's previous appeal from the judgment because the notice of appeal was untimely. See Ford v. Legend Homes Corp., No. 01-20-00540-CV, 2021 WL 2325058 (Tex.App.-Houston [1st Dist.] June 8, 2021, no pet.). On June 28, 2021, Ford filed a second notice of appeal from the judgment, this time asserting that he is seeking a restricted appeal. Appellee has filed a motion to dismiss the appeal for want of jurisdiction. We grant the motion and 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 final judgment from which Ford attempts to appeal was signed on February 24, 2020. Ford's June 28, 2021 notice of restricted appeal was filed over sixteen months after the judgment 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).
Accordingly, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.