Opinion
01-22-00105-CV
08-02-2022
GARY L. MILBURN, Appellant v. TIFFANY C. HILL, Appellee
On Appeal from the 387th District Court Fort Bend County, Texas Trial Court Case No. 18-DCV-253121
Panel consists of Justices Chief Justice Radack and Justices Goodman and Hightower.
MEMORANDUM OPINION
PER CURIAM
Appellant, Gary L. Milburn, attempts to appeal from the trial court's judgment signed November 5, 2021.
Generally, a notice of appeal is due within thirty days after the judgment is signed. See Tex. R. App. P. 26.1. The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. See Tex. R. App. P. 26.1(a). The time to file a notice of appeal may also be extended if, within 15 days after the deadline to file the notice of appeal, a party properly files a motion for extension. See Tex. R. App. P. 10.5(b), 26.3.
The record reflects that the trial court signed the final judgment on November 5, 2021. Appellant timely filed a motion for new trial on December 5, 2021. See Tex. R. Civ. P. 329b(a). Therefore, appellant's notice of appeal was due by February 3, 2022. See Tex. R. App. P. 26.1(a).
Appellant untimely filed his notice of appeal on February 15, 2022. Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.
On April 12, 2022, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless, by April 22, 2022, he filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). Appellant has not filed a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). We dismiss any pending motions as moot.