Forge v. Omodiale

Full title: JAMES T. FORGE, JR., Appellant v. BEN OMODIALE, Appellee

Court: Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 16, 2003

No. 14-03-00960-CV (Tex. App. Oct. 16, 2003)

Opinion

No. 14-03-00960-CV

Opinion filed October 16, 2003.

Appeal from the County Court at Law No. 4, Harris County, Texas, Trial Court Cause No. 787,094.

Dismissed.

Panel consists of Justices EDELMAN, FROST, and GUZMAN.

MEMORANDUM OPINION

PER CURIAM

This is an appeal from a judgment signed June 19, 2003. Appellant did not file a timely motion for new trial. The notice of appeal was due July 21, 2003. See Tex.R.App.P. 26.1. Appellant, however, filed his notice of appeal on July 30, 2003, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On September 18, 2003, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before September 29, 2003. See Tex.R.App.P. 26.3;10.5(b). Appellant did not file a motion. We, therefore, dismiss the appeal. See Tex.R.App.P. 42.3.

Opinion filed October 16, 2003.