Opinion
NO. 03-18-00031-CV
05-02-2018
Appellant, Charles "Chuck" McCormick// Cross-Appellant, Madeline Connor v. Appellee, Madeline Connor// Cross-Appellee, Charles "Chuck" McCormick
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT
NO. D-1-GN-16-005883 , HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION
On January 11, 2018, appellant Charles "Chuck" McCormick filed his notice of appeal from the trial court's order granting in part and denying in part his motion to dismiss under the Texas Citizens Participation Act, signed October 20, 2017. On March 29, we sent appellant notice that the notice of appeal appeared to be untimely. See Tex. R. App. P. 26.1(b), 26.3; see also Spencer v. Pagliarulo, 448 S.W.3d 605, 606 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (citing In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005)) (time to file notice of interlocutory appeal is "strictly set at twenty days" and motion for new trial does not extend appellate deadline). Appellant has since responded, filing a motion to dismiss the appeal as untimely filed. We grant the motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). We deny the motion for damages filed by appellee Madeline Connor. We dismiss any pending motions.
/s/_________
Cindy Olson Bourland, Justice Before Justices Puryear, Pemberton, and Bourland Dismissed for Want of Jurisdiction Filed: May 2, 2018