Opinion
No. 05-14-00778-CV
07-22-2014
MARIA YSABEL ASENSO-LOPEZ AND BENJAMIN GOMEZ, Appellants v. SS CONSTRUCTION D/B/A SABASTIAN SOTO, Appellee
DISMISS and Opinion Filed July 22, 2014.
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-11684
MEMORANDUM OPINION
Before Justices Moseley, O'Neill, and FitzGerald
Opinion by Justice Moseley
Before the Court is appellee's motion to dismiss the appeal. Appellee contends the appeal should be dismissed because appellants' notice of appeal was untimely. Appellants did not file a response.
If an appellant timely files a motion for new trial, the notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). An extension of time may be granted if an appellant files a notice of appeal within fifteen days of the deadline and then files a motion complying with rule of appellate procedure 10.5(b). See TEX. R. APP. P. 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The judgment was signed on February 3, 2014. Appellants filed a timely motion for new trial on February 28, 2014. See TEX. R. CIV. P. 329b(a). Accordingly, the notice of appeal was due on Monday, May 5, 2014. Appellants filed their notice of appeal on June 16, 2014. The notice of appeal was untimely filed and outside of the period of time for obtaining an extension. Accordingly, this Court lacks jurisdiction.
We grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).
__________
JIM MOSELEY
JUSTICE
140778F.P05
JUDGMENT
MARIA YSABEL ASENSO-LOPEZ AND BENJAMIN GOMEZ, Appellants
V. SS CONSTRUCTION D/B/A SABASTIAN SOTO, Appellee No. 05-14-00778-CV
On Appeal from the 116th Judicial District
Court, Dallas County, Texas.
Trial Court Cause No. DC-12-11684.
Opinion delivered by Justice Moseley.
Justices O'Neill and FitzGerald,
participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, SS CONSTRUCTION D/B/A SABASTIAN SOTO, recover its costs of this appeal from appellants, MARIA YSABEL ASENSO-LOPEZ AND BENJAMIN GOMEZ.