Opinion
NO. 03-16-00210-CV
04-27-2016
Michael Kim Schmit, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. A150353C, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDINGMEMORANDUM OPINION
Michael Kim Schmit has filed a notice of appeal from a district court judgment, with an accompanying motion for extension of time. The judgment he seeks to appeal was signed on December 8, 2015, and Schmit timely filed a motion for new trial (ultimately overruled by written order) extending his appeal deadline until March 7, 2016. Schmit filed his notice of appeal and extension motion on March 28, 2016. Because these filings occurred more than 15 days after the expiration of Schmit's appeal deadline, we have no power to grant the extension, accordingly deny it, and must dismiss the appeal for want of jurisdiction.
See Tex. R. App. P. 26.1(a)(1) (providing that notice of appeal must be filed within 90 days after judgment is signed if party timely files motion for new trial).
See Tex. R. App. P. 26.3; see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). --------
/s/_________
Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: April 27, 2016