Opinion
05-24-01056-CV
10-18-2024
IN THE INTEREST OF Z.B. AND O.B., CHILDREN
On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-56400-2020
Before Justices Molberg, Breedlove, and Kennedy
MEMORANDUM OPINION
NANCY KENNEDY JUSTICE
Appellant appeals from the trial court's February 29, 2024 judgment. Because appellant filed a timely request for findings of fact and conclusions of law, the notice of appeal was due on May 29, 2024 or, with and extension motion, June 13, 2024. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal on September 5, 2024. Due to the untimely notice of appeal, we directed appellant to file a letter brief explaining how we have jurisdiction over this appeal. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal jurisdictional).
In her letter brief, appellant asserts that we have jurisdiction because (1) she timely filed a motion for new trial on May 3, 2024, (2) the motion was overruled by operation of law on July 19, 2024, and (3) her notice of appeal was timely because it was filed within ninety days of July 19. Appellant's analysis is incorrect. A motion for new trial was due no later than April 1, 2024. See TEX. R. CIV. P. 329b(a) (motion for new trial due within thirty days after judgment signed); 4 (if due date falls on a Saturday, Sunday, or legal holiday, deadline extended to next day which is not a Saturday, Sunday, or legal holiday). Regardless, the deadline for filing a notice of appeal runs from the date the final judgment is signed, not from the date a motion for new trial is overruled. See TEX. R. APP. P. 26.1(a); Bowers v. Bank of Am., N.A., No. 06-15-00080-CV, 2016 WL 348753, at *1 (Tex. App.-Texarkana Jan. 28, 2016, no pet.) (mem. op.).
Appellant's motion for new trial was untimely. As stated above, appellant's notice of appeal was due on May 29, 2024. Because she failed to file a timely notice of appeal, we lack jurisdiction. See Brashear, 302 S.W.3d at 545. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
Judgment entered.