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Shamblin v. TX Board of Pardons

Court of Appeals of Texas, Fourteenth District, Houston
Aug 28, 2003
No. 14-03-00614-CV, NO. 14-03-00615-CV, NO. 14-03-00616-CV (Tex. App. Aug. 28, 2003)

Opinion

No. 14-03-00614-CV, NO. 14-03-00615-CV, NO. 14-03-00616-CV

Memorandum Opinion filed August 28, 2003.

On Appeal from the 152nd District Court, Harris County, Texas, Trial Court Cause Nos. 02-18575; 02-18576 02-18578

Dismissed

Panel consists of Justices YATES, HUDSON, and FOWLER.


MEMORANDUM OPINION


This is an attempted appeal from a judgment, signed January 13, 2003. An unverified motion to reinstate was filed on February 11, 2003. Appellant's notice of appeal was filed May 5, 2003.

Although the motion is entitled, "Verified Motion to Reinstate," it includes no verification.

The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law. See Tex.R.App.P. 26.1

Although appellant filed a timely motion to reinstate, it was not verified. Since a motion to reinstate is required to be verified, an unverified motion extends neither the trial court's plenary power, nor the time in which to perfect an appeal. Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex. 1986); State on Behalf of Texas Dept. of Transp. v. Martini, 902 S.W.2d 138, 140 (Tex.App.-Houston [1st Dist.] 1995, no writ).

On August 12, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a). Appellant's response fails to demonstrate that this Court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.


Summaries of

Shamblin v. TX Board of Pardons

Court of Appeals of Texas, Fourteenth District, Houston
Aug 28, 2003
No. 14-03-00614-CV, NO. 14-03-00615-CV, NO. 14-03-00616-CV (Tex. App. Aug. 28, 2003)
Case details for

Shamblin v. TX Board of Pardons

Case Details

Full title:RALPH WALLACE SHAMBLIN, Appellant v. TEXAS BOARD OF PARDONS PAROLE, ET…

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

Date published: Aug 28, 2003

Citations

No. 14-03-00614-CV, NO. 14-03-00615-CV, NO. 14-03-00616-CV (Tex. App. Aug. 28, 2003)