Opinion

Joyce Lee Hickman, Iindividually and D/B/A Classic Medical & Dental Clinic, Inc. v. Rita Lemons Individually and D/B/A Dental Assistance by the Phone

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 7, 2012
Status
Published
Cited by
0 cases

The opinion

Opinion issued June 7, 2012.

In The

Court of Appeals

For The

First District of

Texas

NO. 01- 11-01116-CV

____________

JOYCE HICKMAN, INDIVIDUALLY

AND d/b/a classic medical & dental clinic, inc. , Appellant

V.

rita lemons, INDIVIDUALLY

AND d/b/a dental assistance by the phone , Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2000-34109

MEMORANDUM OPINION

Appellant,

Joyce Hickman,

individually and d/b/a Classic Medical and Dental Clinic, Inc., attempts

to appeal from a trial court’s judgment signed over ten years ago. We dismiss the appeal for lack of

jurisdiction.

Appellant

appeals from the trial court’s judgment signed December 11, 2001. Generally, with exceptions not applicable to

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

signed. See Tex. R. App. P.

26.1. The deadline for appellant to file

her notice of appeal was January 10, 2002.

See id. Appellant filed her notice of appeal on

March 8, 2012, which was ten years after the deadline. Without a timely filed notice of appeal, the

Court lacks jurisdiction over the appeal. See

Tex. R. App. P. 25.1.

On April

13, 2012, we notified appellant that the appeal was subject to dismissal for want

of jurisdiction. In her response, appellant

asked the Court to take jurisdiction in the interest of justice because she was

incarcerated in federal prison and did not receive timely notice of the trial

court’s judgment. Appellant’s response

does not demonstrate that the Court has jurisdiction.

Accordingly,

we 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.

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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