Opinion
No. 05-03-00864-CV
Opinion issued August 6, 2003
On Appeal from the 296th Judicial District Court, Collin County, Texas, Trial Court Cause No. 296-1007-03 severed from 296-2781-02
DISMISSED
Before Justices Whittington, Richter, and Francis
MEMORANDUM OPINION
Appellant's notice of appeal states that he appeals from the "Summary Judgment entered in Cause no. 296-2781-02, on the 21st day of March, 2003." The record filed in this appeal contains an April 1, 2003 "agreed order striking plaintiff's first supplemental complaint and severing plaintiff's claims against Collin County." Such severance order made the cause between plaintiff and Collin County a separate suit and assigned trial docket number 296-1007-03 to that separate cause. The appellate timetable in this case began to run on April 1, 2003, the date the trial court severed appellant's claims against Collin County. See McRoberts v. Ryals, 863 S.W.2d 450, 452-53 (Tex. 1993). Appellant's notice of appeal was filed on June 9, 2003, sixty-nine days after the April 1, 2003 order was signed. The record in this appeal shows that appellant filed an untimely motion for reconsideration and brief on June 30, 2003. Such motion, because it was untimely filed, does not extend the time to file notice of appeal. See Tex.R.App.P. 26.1. Without the filing of a motion extending the time to file a notice of appeal, a notice of appeal must be filed within 30 days of the date the judgment is signed. See Tex.R.App.P. 26.1(a). In a letter dated July 15, 2003, the Court informed appellant that it questions its jurisdiction over his appeal because of the untimeliness of his notice of appeal and instructed him to file a jurisdictional brief explaining the basis for the Court's jurisdiction over this appeal. In a letter filed July 28, 2003, appellant responded that he erroneously believed he had 90 days to file the notice of appeal.
On the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 5, 42.3(a).