Opinion
14-24-00049-CV
05-21-2024
WALLACE MCNARY, Appellant v. NORTH EAST PINE VILLAGE HOMEOWNERS ASSOCIATION, Appellee
On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2022-60213
Panel consists of Justices Jewell, Zimmerer, and Hassan.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from a judgment signed October 17, 2023. Appellant filed a timely request for findings of fact and conclusions of law on November 6, 2023. Appellant's notice of appeal was due January 16, 2024. See Tex. R. App. P. 26.1(a) (allowing 90 days from judgment to file notice of appeal where a motion for new trial or a motion to modify the judgment is filed).
Appellant, however, filed his notice of appeal on January 17, 2024, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On April 23, 2024, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before May 3, 2024, or the appeal would be subject to dismissal without further notice. See Tex. R. App. P. 26.3; 10.5(b). Appellant did not file a motion. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3.