Opinion
No. 14-05-00622-CV
Memorandum Opinion filed June 20, 2006.
On Appeal from the 240th District Court, Fort Bend County, Texas, Trial Court Cause No. 01-CV-121708.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices YATES and GUZMAN.
MEMORANDUM OPINION
Appellant Maria L. Reyna files this restricted appeal challenging the dismissal of her lawsuit for want of prosecution. The trial court dismissed Reyna's lawsuit on December 16, 2004. She filed a motion to reinstate on January 14, 2005. The motion was overruled by operation of law, and Reyna filed her notice of restricted appeal on June 14, 2005. Restricted appeals are not available to a party who timely files a postjudgment motion. See Tex.R.App.P. 30. Reyna filed her motion to reinstate within thirty days of the dismissal order and thus timely filed a postjudgment motion. See Tex. R. Civ. P. 165a(3). Accordingly, Reyna is not entitled to a restricted appeal. See Watts v. Goreen, No. 03-00-00673-CV, 2001 WL 578566, at *1 (Tex.App.-Austin May 31, 2001, no pet.) (not designated for publication) (dismissing restricted appeal based on appellant's timely motion to reinstate); Thomas v. Tex. Dep't of Crim. Justice-Inst. Div., 3 S.W.3d 665, 666-67 (Tex.App.-Fort Worth 1999, no pet.) (finding restricted appeal not available to appellant who filed motion to reinstate). Because Reyna did not meet the requirements for a restricted appeal and thus her notice of appeal was untimely, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 26.1(a), 42.3(a); Starks v. Tex. Dep't of Crim. Justice, 153 S.W.3d 621, 626 (Tex.App.-Amarillo 2004, no pet.).