Opinion
No. 05-04-01614-CV
Opinion issued June 14, 2005.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-06523-E.
Dismissed.
Before Justices MOSELEY, FRANCIS, and MAZZANT.
MEMORANDUM OPINION
The trial court signed its judgment against appellant on June 28, 2004. On July 28, 2004, appellant filed a postjudgment motion entitled "Motion to Reconsider and to Vacate" which was overruled by operation of law. Appellant then filed a notice of appeal with this Court on November 10, 2004. Because of the untimeliness of appellant's notice of appeal, on November 12, 2004, this Court directed appellant to file a letter brief explaining the Court's jurisdiction. Appellant responded on November 22, 2004, by filing an amended notice of appeal entitled "Amended Notice of Restricted Appeal." Appellant argues that this Court has jurisdiction over his appeal because he timely filed a restricted appeal. We disagree.
The filing of a timely notice of appeal is a requirement to establish this Court's jurisdiction. Lab. Corp. of Am. v. Mid-Town Surgical Ctr., Inc., 16 S.W.3d 527, 529 (Tex.App.-Dallas 200, no pet.). A notice of appeal is timely if it is filed within 30 days after the judgment is signed. Tex.R.App.P. 26.1. The time is extended to 90 days upon the filing of a motion for a new trial or a motion to modify the judgment, giving appellant to September 27, 2004 to file his notice of appeal. Tex.R.App.P. 26.1(a). With the additional fifteen-day extension of time, the latest appellant's notice of appeal could be timely filed was October 12, 2004. Tex.R.App.P. 26.3. Appellant's notice of appeal was not filed until November 10, 2004.
On November 22, 2004, appellant filed an amended notice of restricted appeal pursuant to Tex.R.App.P. 30. Appellant is not entitled to relief by restricted appeal because of the timely filing of the postjudgment motion. Lab. Corp. of Am., 16 S.W.3d at 529 (interpreting Tex.R.App.P. 25.1(d)(7)(B)). Accordingly, we lack jurisdiction over appellant's attempt to file a regular or restricted appeal. We dismiss the appeal for want of jurisdiction.