Opinion
No. 04-19-00294-CV
06-05-2019
GLOBAL TANK CONSTRUCTION, LLC and Scott Leonard d/b/a Global Tank Construction, Appellants v. TARSCO BOLTED TANK, INC., Appellee
From the 81st Judicial District Court, Frio County, Texas
Trial Court No. 16-08-00339CVF
Honorable Russell Wilson, Judge Presiding
ORDER
The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b). Without a post-judgment motion extending the deadline, a notice of appeal is due within thirty days of the date of judgment. See TEX. R. APP. P. 26.1. The notice of appeal in this case was filed on March 11, 2019.
Texas Rule of Appellate Procedure 4.2 provides that, if the party lacks actual knowledge of the signing of a judgment or appealable order, the running of the appellate deadlines begins on the date of actual knowledge, not to exceed ninety days after the original judgment is signed. See TEX. R. APP. P. 4.2(a)(1). The procedure to gain this additional time is governed by Texas Rule of Civil Procedure 306a(5), which requires a party receiving actual knowledge more than twenty days after the signing of the judgment, to establish the date of actual knowledge in the trial court by motion and with notice. See id. 4.2(b); TEX. R. CIV. P. 306a(5). Following a hearing, the trial court must sign a written order finding the date when the party first received notice. See TEX. R. APP. P. 4.2(c).
The record before this court reflects the trial court signed the judgment on December 11, 2018. In their motion for new trial, appellants assert they received actual knowledge on January 11, 2019. However, the record does not contain the required rule 306a motion or written order establishing the date of actual knowledge. Under these circumstances, the notice of appeal was due on January 10, 2019.
We, therefore, ORDER appellants to show cause in writing on or before June 20, 2019 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of June, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court