Opinion
No. 06-03-00081-CV
Date Submitted: July 1, 2003
Date Decided: July 2, 2003
On Appeal from the 71st Judicial District Court, Harrison County, Texas, Trial Court No. 00-0250.
Before Morriss, C.J., Ross and Carter, JJ.
MEMORANDUM OPINION
Ray Dale Hooks and Shirley Hooks, Appellants, attempt to appeal from a default judgment signed January 8, 2003. Appellants filed a motion for new trial on January 30, 2003, but did not file their notice of appeal until May 9, 2003.
When an appellant files a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex R. App. P. 26.1(a). In the present case, the notice of appeal was due on April 9, 2003, thirty days prior to when they actually filed the notice.
Further, the rule setting a longer timetable for a restricted appeal does not apply to a party who has timely filed a postjudgment motion, as Appellants did in this case. Tex.R.App.P. 30. Accordingly, the notice of appeal was required to be filed within ninety days of the date the judgment was signed by the trial court. Tex.R.App.P. 26.1.
Because the notice of appeal was not filed timely, we are without jurisdiction over this appeal. Id.
We dismiss the appeal for want of jurisdiction.