Opinion
NO. 14-17-00264-CV
04-25-2017
DONNA C. KLINE, Appellant v. LEGACY TRUST COMPANY, NA, Appellee
On Appeal from the Probate Court No. 2 Harris County, Texas
Trial Court Cause No. 137,506-404
MEMORANDUM OPINION
Appellant Donna C. Kline brings a petition for permission to appeal an interlocutory order that is not otherwise appealable. Texas Rule of Appellate Procedure 28.3(c) provides that "[t]he petition must be filed within 15 days after the order to be appealed is signed." Tex. R. App. 28.3(c). Under rule 28.3(d), "[t]he court of appeals may extend the time to file the petition if the party: (1) files the petition within 15 days after the deadline, and (2) files a motion complying with Rule 10.5(b)." Id. 28.3(d).
The order Kline attempts to appeal was signed by the trial court on March 7, 2017. The deadline for Kline to have filed her petition in this court was March 22, 2017. See id. 28.3(c). The deadline for Kline to have filed a motion for extension time to file the petition was April 6, 2017. See id. 28.3(d). Kline did not file her motion for extension until April 7, 2017. Therefore, the motion for extension of time was filed one day after the rule 28.3(d)-deadline. Rule 28.3(d) also requires that the appellant file the petition with the motion for extension of time. See id. Kline filed her petition on April 10, 2017—four days after the rule 28.3(d)-deadline.
We dismiss the petition for permission to bring an interlocutory appeal for want of jurisdiction. Kline's motion to extend time to file the petition and the appellee's motion to dismiss are moot.
PER CURIAM Panel consists of Chief Justice Frost and Justices Donovan and Wise.