Opinion

Charles Ronald Wade v. Harris County

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 18, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 34.6%

The opinion

Opinion issued June 16, 2015.

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-15-00155-CV

———————————

CHARLES RONALD WADE, Appellant

V.

HARRIS COUNTY, HARRIS COUNTY DEPARTMENT OF EDUCATION,

THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, THE

HARRIS COUNTY FLOOD CONTROL DISTRICT, THE HARRIS

COUNTY HOSPITAL DISTRICT, CITY OF HOUSTON, HOUSTON

INDEPENDENT SCHOOL DISTRICT, AND HOUSTON COMMUNITY

COLLEGE SYSTEM, Appellees

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Case No. 2011-69056

MEMORANDUM OPINION

Appellant, Charles Ronald Wade, attempts to appeal from a January 15,

2015 order denying a motion for new trial. The final judgment was entered August

1, 2014. Appellees have filed a motion to dismiss the appeal for want of

jurisdiction. We grant appellees’ motion and dismiss the appeal.

Generally, a notice of appeal is due within thirty days after the judgment is

signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended

to 90 days after the date the judgment is signed if, within 30 days after the

judgment is signed, any party timely files a motion for new trial, motion to modify

the judgment, motion to reinstate, or, under certain circumstances, a request for

findings of fact and conclusions of law. See id.; TEX. R. CIV. P. 329b(a), (g). The

time to file a notice of appeal may also be extended if, within 15 days after the

deadline to file the notice of appeal, a party properly files a motion for extension.

See TEX. R. APP. P. 10.5(b), 26.3. A motion for extension of time is necessarily

implied when an appellant, acting in good faith, files a notice of appeal beyond the

time allowed by Rule 26.1, but within the 15-day extension period provided by

Rule 26.3. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615,

617–18 (Tex. 1997).

Here, the trial court signed the final judgment on August 1, 2014, making

the deadline for filing a notice of appeal September 1, 2014. See TEX. R. APP. P.

26.1. A motion for new trial was timely filed, extending the deadline for a notice

of appeal to October 30, 2014. Id. Although the motion for new trial was not

ruled upon until January 15, 2015, the deadline to file a notice of appeal was not

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extended beyond October 30, 2014. See Naaman v. Grider, 126 S.W.3d 73, 74

(Tex. 2003); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233 n.1, 234 (Tex. App.—

Houston [1st Dist.] 2007, no pet). The Notice of appeal was not filed until

February 15, 2015. Without a timely-filed notice of appeal, this Court lacks

jurisdiction over the appeal. See TEX. R. APP. P. 25.1.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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