Opinion
No. 04-09-00765-CV
Delivered and Filed: April 21, 2010.
Appeal from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CI-00776, Honorable Michael Peden, Judge Presiding.
Dismissed for Lack of Jurisdiction.
Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
On December 5, 2008, the trial court signed an Order of Dismissal for want of prosecution in favor of appellees. Almost ten months later, on October 12, 2009, appellant filed a Motion to Reinstate, alleging he was not aware of the dismissal order until September 24, 2009. This motion was denied on October 13, 2009. On November 12, 2009, appellant filed a Motion for Clarification and Reconsideration [of his motion to reinstate] and Alternatively, Plaintiff's Motion for New Trial." This motion was denied on November 30, 2009. Appellant filed a Notice of Appeal from these two denials on December 1, 2009.
Although appellant states in his notice of appeal that he is appealing the denial of his two motions, the only final judgment from which an appeal may be taken is the dismissal order signed by the trial court on December 5, 2008. Because it appears that any appeal is not timely, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On March 29, 2010, appellant filed a response asking this court to retain the appeal rather than dismiss the appeal. The request is DENIED and the appeal is DISMISSED for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).