Rodriguez v. McAdams

Full title: SOCORRO RODRIGUEZ, Appellant, v. CHARLES GORDON McADAMS, M.D., Appellee

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 10, 2005

No. 2-05-331-CV (Tex. App. Nov. 10, 2005)

Opinion

No. 2-05-331-CV

Delivered: November 10, 2005.

Appeal from the 67th District Court of Tarrant County.

Panel D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

PER CURIAM.

Appellant Socorro Rodriguez appeals from the trial court's judgment signed April 8, 2005. Appellant filed a motion for new trial on April 13, 2005. As a result, the notice of appeal was due July 7, 2005.² It was not filed until September 14, 2005.

2 See Tex.R.App.P. 26.1(a).

Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction. In response, we received a motion to reinstate the case on the docket, which we treat as a motion to retain the case on the docket. But the motion does not show grounds for continuing the appeal. Accordingly, we dismiss this case for want of jurisdiction.³

3 See TEX. R. APP. P. 25.1, 26.1 (together providing that appellate court has jurisdiction over timely filed notice of appeal); 42.3(a); 43.2(f).