Opinion
NO. 12–16–00160–CV
06-15-2016
Lucy Mark, Appellant v. Brookshire Brothers, Ltd. and Brookshire Bros. Management, Inc., Appellees
Paul A. Robbins, for Appellant. Todd L. Kassaw, for Appellee.
Paul A. Robbins, for Appellant.
Todd L. Kassaw, for Appellee.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of jurisdiction. The trial court's judgment was signed on January 20, 2016. Under the rules of appellate procedure, the notice of appeal must be filed within thirty days after the judgment is signed. See TEX.R.APP. P. 26.1. However, Appellant timely filed a motion to reinstate or, alternatively, a motion for new trial. See TEX.R. CIV. P. 296. This extended Appellant's time for filing the notice of appeal to April 18, 2016. See TEX.R.APP. P. 26.1(a)(1) (providing that notice of appeal must be filed within ninety days after judgment signed if any party timely files a motion for new trial). However, Appellant filed her notice of appeal on May 27, 2016. Therefore, Appellant's notice of appeal was untimely and this Court does not have jurisdiction of the appeal.
On June 1, 2016, the clerk of this Court notified Appellant that the information received in this appeal does not include a timely notice of appeal or a timely motion for extension of time to file the notice of appeal. See TEX.R.APP. P. 26.3 (motion to extend time for filing notice of appeal to be filed within fifteen days after deadline for filing notice of appeal). Appellant was informed that the appeal would be dismissed unless, on or before June 13, 2016, the information in the appeal was amended to show the jurisdiction of this Court. On June 13, Appellant filed a motion for extension of time to file the notice of appeal. But because Appellant's notice of appeal was due on or before April 18, 2016, her motion for extension of time was due on or before May 3, 2016. See id. Appellant filed the motion on June 13, 2016. Therefore, it was untimely and must be overruled. See id.A timely notice of appeal must be filed in order to invoke this court's jurisdiction. See TEX.R.APP. P. 25.1(b). “Once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction.” Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997). We overrule the motion for extension of time and dismiss the appeal for want of jurisdiction .