Opinion
No. 07-03-0047-CV.
April 16, 2003.
Appeal From The 223rd District Court Of Gray County; No. 32,780; Honorable Lee Waters, Judge.
Panel E: REAVIS and CAMPBELL, JJ., and BOYD, S.J.
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. § 75.002(a)(1) (Vernon Supp. 2003).
PRELIMINARY ORDER
Appellant Willie A. Milton has filed in this court a pro se instrument which he denominates as a "Motion for Leave to File Belated Notice of Appeal." As best we can tell, appellant filed some sort of civil action against appellee in the District Court of Gray County which he denominates as a writ of habeas corpus. Appellant did not file a copy of his trial court pleading with his motion. For reasons we later state, we withdraw our previous overruling of the motion and now grant it.
In his motion, appellant states that the trial court dismissed his action on October 10, 2002, apparently without a hearing. He also asserts that subsequent to that date, on October 21, 2002, he did file his "formal request for the Court to reconsider its ruling." A notice of appeal generally must be filed within 30 days after the judgment is signed. See Tex.R.App.P. 26.1. A notice of appeal is generally due within 90 days after a final judgment if certain motions are filed, including a motion for new trial. See Tex.R.App.P. 26.1(a). Thus, if appellant's motion is considered as a motion for new trial, his notice of appeal must have been filed not later than 90 days from the date of the dismissal order. A motion to extend time for filing a pro se notice of appeal was filed January 21, 2003, which is within the permissible 15-day period after the expiration of the 90-day period. Tex.R.App.P. 27.1(a). That being so, appellant's motion for extension of time to file the notice of appeal was timely filed and this court has jurisdiction of the appeal. Because the notice of appeal does not appear to have been filed with the trial court clerk, the clerk of this court is directed to send a copy of the notice to that clerk. Tex.R.App.P. 25.1(a).
Appellant is reminded that a pro se appellant is required to meet the provisions of the Rules of Appellate Procedure with regard to perfecting this civil appeal. The time period for doing so begins on the date of this order.