Opinion
No. 14-03-00614-CV, NO. 14-03-00615-CV, NO. 14-03-00616-CV
Memorandum Opinion filed August 28, 2003.
On Appeal from the 152nd District Court, Harris County, Texas, Trial Court Cause Nos. 02-18575; 02-18576 02-18578
Dismissed
Panel consists of Justices YATES, HUDSON, and FOWLER.
MEMORANDUM OPINION
This is an attempted appeal from a judgment, signed January 13, 2003. An unverified motion to reinstate was filed on February 11, 2003. Appellant's notice of appeal was filed May 5, 2003.
Although the motion is entitled, "Verified Motion to Reinstate," it includes no verification.
The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law. See Tex.R.App.P. 26.1
Although appellant filed a timely motion to reinstate, it was not verified. Since a motion to reinstate is required to be verified, an unverified motion extends neither the trial court's plenary power, nor the time in which to perfect an appeal. Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex. 1986); State on Behalf of Texas Dept. of Transp. v. Martini, 902 S.W.2d 138, 140 (Tex.App.-Houston [1st Dist.] 1995, no writ).
On August 12, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a). Appellant's response fails to demonstrate that this Court has jurisdiction to entertain the appeal.
Accordingly, the appeal is ordered dismissed.