Opinion
No. 13-02-680-CV.
May 1, 2003.
On appeal from the Probate Court of Hidalgo County, Texas.
Before Justices Hinojosa, Rodriguez, and Castillo
MEMORANDUM OPINION
Appellant seeks to appeal a judgment of court-ordered mental health services under the health and safety code. See Tex. Health Safety Code Ann. § 574.070 (Vernon 1992). However, for the reasons set forth below, we conclude that we lack jurisdiction over this appeal, and accordingly, dismiss the appeal.
Under the Texas Health and Safety Code, the notice of appeal from an order requiring court-ordered mental health services, or from renewal or modification of an order, must be filed not later than the tenth day after the date on which the order is signed. See Tex. Health Safety Code Ann. § 574.070(b) (Vernon 1992); Johnstone v. State, 22 S.W.3d 408, 410 (Tex. 2000); In re J.A., 53 S.W.3d 869, 871 (Tex.App.-Dallas 2001, no pet.). The trial court's judgment was signed on October 16, 2002, and appellant's notice of appeal was filed on November 27, 2002, the forty-second day following the signing of the judgment.
In the instant case, appellant filed a motion for new trial on October 21, 2002, and the trial court denied that motion on November 18, 2002. However, the appellate timetable is unaffected by appellant's motion for new trial. A motion for new trial does not extend the appellate timetable for filing notices of appeal of temporary commitment orders. In re J.A., 53 S.W.3d at 871; see Johnstone, 22 S.W.3d at 410 ("[W]hen a rule of procedure conflicts with a statute, the statute prevails unless the rule has been passed subsequent to the statute and repeals the statute in accordance with the Texas Government Code."). Because appellant's notice of appeal was filed more than ten days after the date the commitment order was signed, his appeal was untimely.
This appeal is DISMISSED FOR WANT OF JURISDICTION. See Tex.R.App.P. 42.3(a).