Opinion
05-21-00935-CV
08-18-2022
IN THE INTEREST OF G.K., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-16123
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
By letter filed August 15, 2022, appellee questions our jurisdiction over the appeal. Specifically, she asserts the appeal appears to have been untimely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional).
Generally, a notice of appeal must be filed within thirty days of the judgment being signed. See Tex. R. App. P. 26.1. However, when a request for findings of fact and conclusions of law or motion for new trial or to modify judgment is timely filed, the notice of appeal is due within ninety days of judgment. See id. 26.1(a).
Appellee notes the challenged judgment here was signed July 30, 2021, and the notice of appeal was filed October 20, 2021. The notice of appeal was filed within ninety days of the date of judgment, but appellee asserts no post-judgment motion extending the time to perfect the appeal was timely filed.
Contrary to appellee's assertion, however, the clerk's record includes a copy of appellant's "Objection to the Entry of Final Order" and "Motion to Vacate Final Order and Order on Petition in Intervention and Notice of Hearing." Both these documents were filed within thirty days of the judgment and assailed the judgment. Any motion that assails the judgment and is filed within thirty days of judgment extends the deadline for filing a notice of regular appeal from thirty to ninety days. Aero at Sp. Z.O.O. v. Gartman, 469 S.W.3d 314, 316 (Tex. App.-Fort Worth 2015, no pet.). Accordingly, to the extent appellee seeks to have the appeal dismissed for want of jurisdiction, we DENY the request.