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Cannon v. Dall. Cnty.

Court of Appeals Fifth District of Texas at Dallas
Jun 12, 2017
No. 05-17-00303-CV (Tex. App. Jun. 12, 2017)

Opinion

No. 05-17-00303-CV

06-12-2017

JOHN CANNON, Appellant v. DALLAS COUNTY, PARKLAND HOSPITAL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, AND CITY OF RICHARDSON, Appellees


On Appeal from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. TX-14-41820

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright

By letter dated May 1, 2017, the Court questioned its jurisdiction over this appeal as it appeared the notice of appeal was untimely. We instructed appellant to file a letter brief with an opportunity for appellees to file a response. Appellant filed a letter brief but appellees did not.

When a timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due ninety days after the date the judgment is signed or, with a timely extension motion, up to 105 days from the date of judgment. See TEX. R. APP. P. 26.1(a), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1(b).

The trial court signed the judgment on November 2, 2016. Appellant filed a timely motion for new trial on December 2, 2016. See Tex. R. Civ. P. 329b(a). Accordingly, the deadline for filing a notice of appeal was January 31, 2017 or, with an extension motion, February 15, 2017. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal on March 17, 2017.

In his jurisdictional brief, appellant relies on Texas Rule of Civil Procedure 329b(e) and asserts that because he filed a timely motion for new trial, he had one hundred and five days from the date of judgment to file his notice of appeal. See TEX. R. CIV. P. 329b(e). Rule 329b(e) provides that a trial court has plenary power to grant a new trial or to vacate, modify, correct, or reform a judgment until thirty days after all timely post-judgment motions are overruled either by written and signed order or by operation of law whichever occurs sooner. The deadline for filing a notice of appeal is triggered by the date the judgment is signed, not the date the trial court's plenary power expires. See Tex. R. App. P. 26.1(a). Although a party may have up to 105 days with an extension motion to file a notice of appeal, appellant filed his notice of appeal 135 days after the date the judgment was signed.

Because appellant failed to file a timely notice of appeal, the Court lacks jurisdiction over the appeal. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE 170303F.P05

JUDGMENT

On Appeal from the 14th Judicial District Court, Dallas County, Texas
Trial Court Cause No. TX-14-41820.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees DALLAS COUNTY, PARKLAND HOSPITAL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, AND CITY OF RICHARDSON recover their costs of this appeal from appellant JOHN CANNON. Judgment entered June 12, 2017.


Summaries of

Cannon v. Dall. Cnty.

Court of Appeals Fifth District of Texas at Dallas
Jun 12, 2017
No. 05-17-00303-CV (Tex. App. Jun. 12, 2017)
Case details for

Cannon v. Dall. Cnty.

Case Details

Full title:JOHN CANNON, Appellant v. DALLAS COUNTY, ET AL., Appellees

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 12, 2017

Citations

No. 05-17-00303-CV (Tex. App. Jun. 12, 2017)