Opinion
No. 04-13-00738-CV
11-25-2013
Carolyn M. MILLER, Appellant v. DURANGO MIDRISE LLC DBA HEMISVIEW VILLAGE, Appellee
From the County Court, Bexar County, Texas
Trial Court No. 387577
Honorable Jason Pulliam, Judge Presiding
ORDER
The clerk's record in this forcible entry and detainer suit has been filed. The trial court's judgment was signed on August 23, 2013. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on September 23, 2013. See TEX. R. APP. P. 26.1(a). The clerk's record does not contain a notice of appeal filed in the trial court. Appellant filed a notice of appeal with this Court on October 23, 2013. Therefore, it appears that appellant's notice of appeal was untimely and that we do not have jurisdiction over this appeal.
We, therefore, ORDER appellant to show cause in writing by December 12, 2013 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.
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Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of November, 2013.
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Keith E. Hottle
Clerk of Court