Opinion
No. 01-09-00310-CV
Opinion issued October 22, 2009.
On Appeal from the 295th District Court Harris County, Texas, Trial Court Cause No. 2007-55530.
Panel consists of Justices KEYES, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellees, Harris County Appraisal District and Harris County Appraisal Review Board, have filed a motion to dismiss the appeal for want of jurisdiction. We grant the motion and dismiss the appeal.
On December 1, 2008, the trial court signed the judgment granting, as a matter of law, appellees' plea to the jurisdiction and motion to dismiss the case. On December 17, 2008, appellant filed a request for findings of fact and conclusions of law. Appellant did not file its notice of appeal until April 2, 2009, 122 days after the signing of the judgment.
Appellees assert that a request for findings of facts and conclusions of law only operates to extend the time for filing the notice of appeal from 30 days from the date of signing the judgment to 90 days, which, in this case would only be to March 1, 2009. We agree. See TEX. R. APP. P. 26.1(a)(4) (providing that when a request for findings of fact and conclusions of law is required by the Rules of Civil Procedure, or, if not required, could properly be considered by the appellate court, it extends the time for filing the notice of appeal from 30 days from the signing of the judgment to 90 days). Accordingly, even if appellant's request met all the criteria of Rule 26.1(a)(4), a matter which appellees dispute, appellant's notice of appeal would still be 32 days late. Appellant has not responded to appellees' motion to dismiss.
We dismiss the appeal for want of jurisdiction. All other pending motions are denied.