Opinion
01-22-00211-CV
08-25-2022
DAVID LEE JOHNSON, Appellant v. ALICIA ANN RICE, Appellee
On Appeal from the 311th District Court Harris County, Texas Trial Court Case No. 2013-21469
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
MEMORANDUM OPINION
PER CURIAM
Appellant David Lee Johnson is attempting to appeal from an order signed on October 28, 2021. Because we lack jurisdiction, we dismiss the appeal.
The trial court rendered a final order in a modification suit on October 28, 2021. Appellant filed a motion for new trial on November 28, 2021. Appellant then filed his notice of appeal on March 17, 2022.
The deadline for filing a notice of appeal is typically thirty days after the judgment is signed. See Tex. R. App. P. 26.1. This deadline is extended to ninety days after the judgment is signed if the appellant timely files a motion for new trial, motion to modify the judgment, a motion to reinstate, or under certain circumstances, a request for findings of fact and conclusions of law. See Tex. R. App. P. 26.1(a); Zhuang v. Zhang, No. 01-17-00518-CV, 2017 WL 5712544, at *1 (Tex. App.-Houston [1st Dist.] Nov. 28, 2017, pet. denied). The appellate court lacks jurisdiction over an appeal if appellant has not properly invoked the court's jurisdiction by filing a timely notice of appeal. Tex.R.App.P. 25.1(b).
In this case, the motion for new trial was timely filed on Monday, November 29, 2021. Therefore, the notice of appeal was due ninety days after the October 28, 2021 order was signed. The ninetieth day from October 28, 2021 was January 26, 2022. Appellant did not file his notice of appeal until March 17, 2022.
An appellant may request an extension of time to file the notice of appeal if he files the notice and a motion requesting an extension within fifteen days of the date the notice is due. See Tex. R. App. P. 26.3. But here, appellant did not file his notice of appeal or a motion for extension within fifteen days of the date the notice of appeal was due.
Because the notice of appeal was not timely filed, this Court lacks jurisdiction. See Tex. R. App. P. 25.1; 25.1(b). A notice issued on July 28, 2022, which advised appellant of the Court's intent to dismiss unless appellant filed a response within ten days that established this Court's jurisdiction. No response was filed.
Accordingly, the Court dismisses the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Any pending motions are dismissed as moot.