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POWELL v. LINH NUTRITION PROG

Court of Appeals of Texas, First District, Houston
Feb 17, 2005
No. 01-03-00919-CV (Tex. App. Feb. 17, 2005)

Summary

holding that deadline for appealing from trial court's order denying motion for new trial runs from date of signing of final judgment, not from date of order denying motion for new trial

Summary of this case from Walker v. Safari Kids Learning Ctr.

Opinion

No. 01-03-00919-CV

Opinion issued February 17, 2005.

On Appeal from the 400th District Court, Fort Bend County, Texas, Trial Court Cause No. 01-CV-120534.

Panel consists of Chief Justice RADACK and Justices HIGLEY and BLAND.


MEMORANDUM OPINION


Before we can address the merits of this case, we must first determine whether we have jurisdiction over the appeal. See Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993). We lack jurisdiction to hear this appeal. The trial court granted appellee's motion for summary judgment and signed a final judgment in this case on April 24, 2003. Sadie C. Powell, appellant, filed a motion for new trial on May 23, 2003. Thus, the deadline for filing a notice of appeal was July 23, 2003, 90 days after the judgment is signed. See Tex.R.App.P. 26.1(a)(1). However, appellant filed her notice of appeal on August 27, 2003. The deadline for filing a motion for extension of time to file notice of appeal was Thursday, August 7, 2003, because that was the fifteenth day after the deadline for filing a notice of appeal. See Tex.R.App.P. 4.1(a), 26.3. No motion for extension of time was filed in this Court by the required deadline.

Appellant suggests in her notice of appeal that her notice is timely perfected because she is appealing "the judgment entered on July 28, 2003, denying Plaintiff's Motion [for] New Trial." However, the deadline for filing her notice of appeal does not run from the date of the denial of her motion for new trial, but rather from the date of the signing of the summary judgment granted for appellees. See Naaman v. Grider, 126 S.W.3d 73, 74 (Tex. 2003) (court dismissed an appeal as untimely because appellant filed notice of appeal based upon date trial court granted motion for judgment, rather than date of judgment itself, which had been entered four weeks earlier).

This Court has no jurisdiction to consider an appeal when the notice of appeal has not been timely filed. Id.; see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

CONCLUSION

We, therefore, dismiss the appeal for lack of jurisdiction.


Summaries of

POWELL v. LINH NUTRITION PROG

Court of Appeals of Texas, First District, Houston
Feb 17, 2005
No. 01-03-00919-CV (Tex. App. Feb. 17, 2005)

holding that deadline for appealing from trial court's order denying motion for new trial runs from date of signing of final judgment, not from date of order denying motion for new trial

Summary of this case from Walker v. Safari Kids Learning Ctr.

holding that deadline for appealing from trial court's order denying motion for new trial runs from date of signing of final judgment, not from date of order denying motion for new trial

Summary of this case from Bradford v. Palletized Trucking, Inc.

holding deadline for appealing from trial court's order denying motion for new trial runs from date of signing of final judgment, not from date of order denying motion for new trial

Summary of this case from Mallory v. W. Bellfort Prop. Owners Ass'n

holding that deadline for appealing from trial court's order denying motion for new trial runs from date of signing of final judgment, not from date of order denying motion for new trial

Summary of this case from Baldwin v. LPP Mortg. Ltd.
Case details for

POWELL v. LINH NUTRITION PROG

Case Details

Full title:SADIE C. POWELL, Appellant v. LINH NUTRITION PROGRAMS, INC. and LINH…

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

Date published: Feb 17, 2005

Citations

No. 01-03-00919-CV (Tex. App. Feb. 17, 2005)

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