Opinion
No. 04-19-00880-CV
01-07-2020
EW WELLS GROUP, LLC, Appellant v. FONG SINN CONSTRUCTION, LLC, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CI11489
Honorable John D. Gabriel, Jr., Judge Presiding
ORDER
On December 19, 2019, appellant filed in this court and the trial court a "Notice of Accelerated Appeal" from a default judgment dated October 21, 2019. On December 27, 2019, appellant filed an "Amended Notice of Accelerated Appeal" from the same default judgment. The clerk's record filed in this court on December 31, 2019 also contains an amended default judgment dated October 22, 2019. The notice of appeal and amended notice of appeal, therefore, were filed in the trial court more than thirty (30) days but less than ninety (90) days after the date the amended default judgment was signed.
Although appellant filed notices of "accelerated appeal," this is a regular appeal. In a regular appeal, the notice of appeal ordinarily is due within thirty (30) days after the judgment is signed. TEX. R. APP. P. 26.1. A notice of appeal may be filed within ninety (90) days after the judgment is signed if a party timely files a motion for new trial, motion to modify the judgment, motion to reinstate under Texas Rule of Civil Procedure 165a, or request for findings of fact and conclusions of law. Id. 26.1(a). The clerk's record presently before this court does not contain any deadline-extending motions.
Therefore, because it appears that appellant's notice of appeal was untimely filed, appellant is ORDERED to show cause within ten (10) days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (holding court of appeals lacks jurisdiction to consider appeal without a timely notice of appeal). If appellant fails to respond to this order within ten (10) days, this appeal will be dismissed. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2020.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court