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Bucci v. Turner

Court of Appeals of Texas, Fifth District, Dallas
Jul 11, 2007
No. 05-07-00626-CV (Tex. App. Jul. 11, 2007)

Opinion

No. 05-07-00626-CV

Opinion Filed July 11, 2007.

On Appeal from the Probate Court Dallas County, Texas Trial Court Cause No. 03-27-P-B.

Before Justices WRIGHT, RICHTER, and LANG.


MEMORANDUM OPINION


The Court has before it appellant's May 25, 2007 motion to extend time to file her notice of appeal, and appellee's June 22, 2007 motion to dismiss appeal. For the reasons set forth below, we conclude we lack jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.

The trial court signed a final judgment on February 5, 2007, and appellant filed a timely motion for new trial. Thus, the deadline to file a notice of appeal was May 7, 2007. See Tex. R. App. P. 26.1. Appellant filed the notice of appeal on May 25, 2007, eighteen days late.

The timely filing of a notice of appeal is jurisdictional . See Tex. R. App. P. 25.1(b), 26.3. When a party files a notice of appeal within fifteen days of the deadline, Texas Rule of Appellate Procedure 26.3 permits parties to file a motion for extension of time to file their notice of appeal. See Tex. R. App. P. 26.3; see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, a notice of appeal filed outside the fifteen-day period provided by rule 26.3 will not invoke the appellate court's jurisdiction. See Verburgt, 959 S.W.2d 617. Because appellant's May 25, 2007 notice of appeal was filed more than fifteen days after May 7, 2007, we do not have jurisdiction to grant the extension request.

Accordingly, we DENY appellant's motion for extension of time to file notice of appeal, and we GRANT appellee's motion to dismiss.

We DISMISS this appeal for want of jurisdiction.


Summaries of

Bucci v. Turner

Court of Appeals of Texas, Fifth District, Dallas
Jul 11, 2007
No. 05-07-00626-CV (Tex. App. Jul. 11, 2007)
Case details for

Bucci v. Turner

Case Details

Full title:MARY BUCCI, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF BRENDA L…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 11, 2007

Citations

No. 05-07-00626-CV (Tex. App. Jul. 11, 2007)