Opinion
05-23-00939-CV
12-07-2023
VECENTE MORALES, Appellant v. GEICO INSURANCE COMPANY, ET AL., Appellees
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-17252
Before Justices Nowell, Miskel, and Kennedy
MEMORANDUM OPINION
EMILY MISKEL JUSTICE
We questioned our jurisdiction over this appeal because it appeared the notice of appeal was untimely. See Mitschke v. Borromeo, 645 S.W.3d 251, 260 (Tex. 2022) ("[T]he absence of a timely notice of appeal prevents the appellate court from ever exercising jurisdiction in the first place."). A notice of appeal must be filed within thirty days of the judgment being signed, with limited exceptions not applicable here. See Tex. R. App. P. 26.1. In the present case, the date of the final judgement was October 7, 2022, making the deadline to file the notice of appeal November 7, 2022. See Tex. R. App. P. 4.1, 26.1. The notice of appeal was not filed until September 11, 2023.
We requested appellant file a letter brief addressing our jurisdictional concern. In his response, appellant argues that he is entitled to an appeal and that we have jurisdiction because he never received notice of the judgment. No authority exists, however, allowing us to alter the time for perfecting an appeal in a civil case. See id. 2. Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.