The opinion
Opinion issued July 5, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00172-CV
____________
TONYA CREDIT, Appellant
V.
ATASCOSITA PINES APARTMENTS, Appellee
On Appeal from County Civil Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 1002770
MEMORANDUM OPINION
This is an attempted appeal from judgment of forcible detainer ordering the
eviction of appellant, Tonya Credit, from the premises of appellee, Atascosita Pines
Apartments. Appellee has filed a motion to dismiss the appeal as untimely filed.
Generally, a notice of appeal is due within thirty days after the judgment is
signed. See TEX. R. APP. P. 26.1(a)(1). The deadline to file a notice of appeal is
extended to 90 days after the date the judgment is signed if 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. Id. To
be considered timely, a motion for new trial must be filed within 30 days after the
judgment is signed. TEX. R. CIV. P. 329b(a).
Here, the trial court signed the final judgment on December 1, 2011. The
record shows that appellant filed a “Notice of Hearing” on a motion for new trial.
The record does not reflect that a motion for new trial was filed or that a hearing
was held.
Because a motion for new trial was not filed, appellant’s notice of appeal
remained due by December 31, 2011. Appellant did not file her notice of appeal
until February 13, 2012. Because appellant’s notice of appeal was untimely filed,
this Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1.
On March 28, 2012, appellee filed a motion to dismiss the appeal for want of
jurisdiction on the basis that appellant’s notice of appeal was untimely because
appellant failed to file a motion for new trial. Appellant did not respond.
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Accordingly, we grant the motion and dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending
motions as moot.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
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