Opinion
No. 02-10-269-CV
Delivered: September 30, 2010.
Appealed from County Court at Law No. 3 of Tarrant County.
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellants Elizabeth A. Flack-Batie, Lisa A. Batie, and Elizabeth A. Batie-Chukes appeal from the trial court's dismissal of their case below for want of prosecution. The trial court's dismissal order was signed May 7, 2010. Appellants' motion to reinstate was filed June 10, 2010, more than thirty days after the trial court's dismissal order. The notice of appeal was not filed until August 3, 2010.
See Tex. R. Civ. P. 165a(3) (providing that motion to reinstate is due within thirty days after order of dismissal is signed).
See Tex. R. App. P. 26.1(a)(3) (providing that notice of appeal is generally due within thirty days after judgment is signed but that a timely filed motion to reinstate extends the filing deadline to within ninety days after the judgment is signed).
On August 4, 2010, because it appeared that the postjudgment motion to reinstate filed June 10, 2010, three days after its June 7, 2010 due date, was untimely, and that therefore the notice of appeal was untimely, depriving this court of jurisdiction, we notified Appellants of our concern and requested that they advise us whether they had mailed the postjudgment motion to reinstate on or before its due date. The photocopies of certified mail receipts Appellants provided show that their motion to reinstate was not mailed until June 8, 2010, one day late.
See Tex. R. App. P. 25.1, 26.1 (providing, together, that appellate court has jurisdiction over timely filed notice of appeal).
Accordingly, because their motion to reinstate was late, it did not extend Appellants' deadline for filing the notice of appeal. The notice of appeal remained due June 7, 2010, but it was not filed until August 3, 2010. Because the notice of appeal was untimely, we deny all pending requests for relief, and we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 26.1.
See id.
See Tex. R. App. P. 42.3(a), 43.2(f).