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McCaffety v. McCaffety

State of Texas in the Fourteenth Court of Appeals
Dec 4, 2014
NO. 14-14-00756-CV (Tex. App. Dec. 4, 2014)

Opinion

NO. 14-14-00756-CV

12-04-2014

DON MCCAFFETY, Appellant v. JOYCE MCCAFFETY, ET AL, Appellee


On Appeal from the 61st District Court Harris County, Texas
Trial Court Cause No. 2011-29862
CORRECTED ORDER

Our order of September 25, 2014, incorrectly states that the notice of appeal was filed July 20, 2014.

This is an attempted appeal from a judgment signed June 17, 2014. Appellant filed an untimely motion to modify the judgment on July 20, 2014. The notice of appeal was filed September 15, 2014. The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. See Tex. R. App. P. 26.1.

The motion is dated July 18, 2014, but that too is untimely.
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On October 8, 2014, appellant filed a motion to extend time to file the notice of appeal. The motion fails to demonstrate the appellate timetable was extended by the timely filing of a motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. Accordingly, the notice of appeal was due July 17, 2014.

The court will consider dismissal of the appeal on its own motion for want of jurisdiction unless any party files a response on or before December 15, 2014, showing meritorious grounds for continuing the appeal.

PER CURIAM


Summaries of

McCaffety v. McCaffety

State of Texas in the Fourteenth Court of Appeals
Dec 4, 2014
NO. 14-14-00756-CV (Tex. App. Dec. 4, 2014)
Case details for

McCaffety v. McCaffety

Case Details

Full title:DON MCCAFFETY, Appellant v. JOYCE MCCAFFETY, ET AL, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Dec 4, 2014

Citations

NO. 14-14-00756-CV (Tex. App. Dec. 4, 2014)