Opinion
04-24-00815-CV
12-27-2024
DUNN'S LOGISTICS, INC. dba Eagle Transportation, Appellant v. BMS Construction, LLC, Appellee
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI25829 Honorable Monique Diaz, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
Appellant attempts to appeal the trial court's October 30, 2024 order denying its "motion for reconsideration." The trial court signed a final judgment on January 30, 2024. On February 29, 2024, appellant filed a timely Rule 329b(a) motion for new trial which it referred to as a motion "to reconsider." The new trial motion was denied by operation of law on April 15, 2024. See Tex. R. Civ. P. 329b(c). Nevertheless, the trial court issued an order "denying" the motion on October 30, 2024.
Because appellant filed a timely new trial motion, the notice of appeal was due by April 29, 2024, or a notice of appeal and motion for extension of time was due May 14, 2024. See Tex. R. App. P. 26.1(a); see also State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421, 428 (Tex. App.-Corpus Christi 2011, pet. denied) ("The order denying [appellant's] motion to reconsider and motion for new trial was not independently appealable so as to start a new timetable for perfecting the appeal."). "[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing predecessor to Rule 26). Appellant filed its notice of appeal on November 27, 2024.
Because the notice of appeal is untimely, we order appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by January 27, 2024. See id. If appellant fails to adequately respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. If a supplemental clerk's record is required to show appellant has the right to appeal, appellant must request a supplemental record from the trial court clerk and file a copy of the request with this court. All other appellate deadlines are suspended until further order of this court.