Opinion
No. 11-16-00026-CV
02-18-2016
JESUS FRASMO RODRIGUEZ, Appellant v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellee
On Appeal from the County Court at Law No. 2 Ector County, Texas
Trial Court Cause No. CC2-24,731
MEMORANDUM OPINION
On January 20, 2016, Appellant, Jesus Frasmo Rodriguez, filed in the trial court an untimely notice of appeal. When the appeal was docketed in this court, we notified Appellant by letter dated January 20, 2016, that it appeared to this court that the notice of appeal was untimely filed, and we requested that Appellant respond on or before February 1, 2016, and show grounds to continue the appeal. Appellant has not filed a response.
The documents on file in this case show that, on October 6, 2015, the trial court signed a final, appealable judgment. Appellant timely filed a motion for new trial on November 3, 2015. See TEX. R. CIV. P. 329b(a). The notice of appeal was therefore due to be filed within ninety days after the judgment was signed, which would have been January 4, 2016. See TEX. R. APP. P. 26.1(a). Appellant's notice of appeal was filed on January 20, 2016—106 days after the judgment was signed and after the deadline for filing a notice of appeal or a motion for an extension of time to file a notice of appeal. See TEX. R. APP. P. 26.3. Absent a timely notice of appeal, this court is without jurisdiction to consider this appeal. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233-34 (Tex. App.—Houston [1st Dist.] 2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because we are without jurisdiction, we must dismiss the appeal. See TEX. R. APP. P. 42.3(a).
This appeal is dismissed for want of jurisdiction.
PER CURIAM February 18, 2016 Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.