From Casetext: Smarter Legal Research

LOYOLA v. ORTHONEURO CONS

Court of Appeals of Texas, Fifth District, Dallas
Jan 26, 2006
No. 05-06-00043-CV (Tex. App. Jan. 26, 2006)

Opinion

No. 05-06-00043-CV

Opinion issued January 26, 2006.

On Appeal from the 193rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 01-06657-L.

Dismissed.

Before Justices MORRIS, MOSELEY, and FITZGERALD.


MEMORANDUM OPINION


The Court has before it appellant Walter X. Loyola, M.D.'s January 11, 2006 motion to extend time to file notice of appeal and appellees Orthoneuro Consultants, P.A., Carl L. Highenboten, M.D., Shelton G. Hopkins, M.D., Luis A. Mignucci, M.D., and John C. Milani, M.D.'s January 18, 2006 objection to appellant's notice of appeal and motion to extend time to file notice of appeal. In his extension motion, appellant acknowledges that he has not filed the motion within the fifteen-day period set out in Texas Rule of Appellate Procedure 26.3.

The trial court signed the final judgment in this case on August 23, 2005. On September 22, 2005, appellant filed a timely motion for new trial. The notice of appeal was therefore due on November 21, 2005, and any motion for extension of time to file notice of appeal was due by December 6, 2005. See Tex.R.App.P. 26.1(a)(1), 26.3. Appellant did not file a notice of appeal or motion to extend time to file notice of appeal until January 11, 2006, fifty-one days after the notice of appeal was due and thirty-six days after the fifteen-day window for filing a motion for extension of time had expired.

Because appellant filed its notice of appeal beyond the ninety-day time limit imposed by rule 26.1(a)(1) and beyond the fifteen-day period in which it could have moved to extend the filing deadline under rule 26.3, this Court does not have jurisdiction to consider his appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (explaining that once period for granting motion for extension of time to file notice of appeal has passed, party can no longer invoke appellate court's jurisdiction).

We DENY appellant's January 11, 2006 motion to extend time to file notice of appeal. We DISMISS this appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).


Summaries of

LOYOLA v. ORTHONEURO CONS

Court of Appeals of Texas, Fifth District, Dallas
Jan 26, 2006
No. 05-06-00043-CV (Tex. App. Jan. 26, 2006)
Case details for

LOYOLA v. ORTHONEURO CONS

Case Details

Full title:WALTER X. LOYOLA, M.D., Appellant, v. ORTHONEURO CONSULTANTS, P.A., CARL…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 26, 2006

Citations

No. 05-06-00043-CV (Tex. App. Jan. 26, 2006)