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ANDREWSON v. USI ADMRS.

Court of Appeals of Texas, Second District, Fort Worth
Aug 19, 2004
No. 02-04-179-CV (Tex. App. Aug. 19, 2004)

Opinion

No. 02-04-179-CV

Delivered: August 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 141st District Court of Tarrant County.

N. Sue Allen, Fort Worth, TX, for appellant.

Lu Pham, Lynn Pham Moore Ross, Fort Worth, TX, for appellee.

Panel D: DAUPHINOT, HOLMAN, and GARDNER, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


Appellant Sherril Andrewson appeals from the trial court's judgment signed February 11, 2004. She filed a motion for new trial on March 12, 2004. Therefore, Andrewson's notice of appeal was due May 11, 2004. Her notice of appeal was filed June 9, 2004. She did not file a motion for extension of time to file the notice of appeal. Consequently, Andrewson's notice of appeal was untimely.

See Tex.R.App.P. 26.1(a)(1) (providing notice of appeal must be filed within 90 days of signing of judgment if motion for new trial filed); 26.3 (providing appellate court may extend deadline if motion requesting extension and notice of appeal are filed within 15 days after deadline).

Because the notice of appeal was untimely, we sent a letter to Andrewson requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction. We did not receive a response. Because Andrewson's notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.

See Tex.R.App.P. 25.1, 26.1 (providing, together, that appellate court has jurisdiction over timely filed notice of appeal); 42.3(a); 43.2(f).


Summaries of

ANDREWSON v. USI ADMRS.

Court of Appeals of Texas, Second District, Fort Worth
Aug 19, 2004
No. 02-04-179-CV (Tex. App. Aug. 19, 2004)
Case details for

ANDREWSON v. USI ADMRS.

Case Details

Full title:SHERRIL ANDREWSON, Appellant v. USI ADMINISTRATORS, INC., Appellee

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 19, 2004

Citations

No. 02-04-179-CV (Tex. App. Aug. 19, 2004)