Opinion
Appellate case number: 01-17-00156-CV
06-22-2017
NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION
Trial court case number: 2016-40458 Trial court: 165th District Court of Harris County
The Court's records indicate that your notice of appeal may not have been timely filed. See TEX. R. APP. P. 26.1 (requiring notice of appeal to be filed within thirty days after the judgment is signed). The clerk's record on file with the Court contains an order, signed August 30, 2016, granting appellee Shelter Insurance Company's petition in interpleader. On September 29, 2016, appellant Vincent Calderon filed a motion for new trial, challenging the trial court's August 30, 2016 order. On December 2, 2016, the trial court signed a final judgment. No motion for new trial appears in the record. The notice of appeal was filed on March 1, 2017.
Accordingly, the Court has directed me to notify you that the Court may dismiss this appeal for want of jurisdiction unless you file a written response to this notice, providing a detailed explanation, citing relevant portions of the record, statutes, rules, and case law to show that this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a).
The final deadline to file your response is 5:00 p.m., July 3, 2017. You must respond in writing even if you have previously claimed your notice of appeal was timely filed.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[v] Acting individually [ ] Acting for the Court Date: June 22, 2017